Shaun Hardwick v Australian Metal Workers Union (AMWU), Australian Workers Union (AWU), Communications, Electrical Union (CEPU), Construction, Forestry, Mining & Energy Union (CFMEU), Greg Warren, Terry Lee, Peter Mooney and John Parker

Applicant: ABCC Inspector Shaun Hardwick

Respondent(s): AMWU, AWU, CEPU, CFMEU, Greg Warren, Terry Lee, Peter Mooney & John Parker

Date filed: 18 November 2009

Court Findings:

The Federal Court of Australia found the AMWU, AWU, CFMEU, CEPU and officials Greg Warren, Terry Lee, Peter Mooney and John Parker engaged in unlawful industrial action at the Patricia Baleen gas plant site in Gippsland, Victoria in order to pressure subcontractors into entering into union agreements.

From November 2008 until April 2009 the respondents engaged in an industrial campaign including work bans and pickets in an attempt to force the subcontractors to replace their existing workplace agreements with union workplace agreements.

Court Outcome:

On 5 August 2010, Justice Gordon imposed penalties as follows:

  • $15,000 on the AMWU                                                                                                                                                                                           

  • $14,000 on the AWU

  • $11,000 on the CEPU

  • $9,000 on the CFMEU

  • $5,000 on Mr Warren

  • $6,000 on Mr Lee

  • $4,000 on Mr Mooney

  • $3,500 on Mr Parker

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2010/818.html