Stuart v Construction, Forestry, Mining, Energy Union (CFMEU), John Parker and Charles Corbett

Applicant: ABCC Inspector Karen Stuart

Respondent(s): CFMEU, John Parker, Charles Corbett

Date filed: 5 December 2006

Court Findings: On 19 September 2008 the Federal Court of Australia found the CFMEU and Mr Parker had contravened s38 and s43 of the BCII Act by placing an overtime ban at the Morwell Police Complex site from 6-12 October 2005 with the purpose of coercing the head contractor, Hooker Cockram or its subcontractors to employ an apprentice on site.

Court Outcome: On 19 September 2008, Justice Tracey imposed total penalties of $55,000 on the CFMEU and $8,000 on Mr Parker for two contraventions each of s38 and s43 of the BCII Act. The penalties imposed on John Parker were fully suspended. The applicant did not seek and the Court did not impose a penalty against Mr Corbett.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2008/1426.html