Terry Duffy v Construction, Forestry, Mining, Energy Union (CFMEU)

Applicant: ABCC Inspector Terry Duffy

Respondent(s): CFMEU

Date filed: 3 August 2007

Court Findings:

The Federal Court of Australia found that the CFMEU contravened section 38 of the BCII Act by engaging in unlawful industrial action at a Bundoora site in Victoria. In October 2005, CFMEU officials Robert Mates and Danny Berardi imposed a ban on work being performed by workers at the Vaughan Constructions Pty Ltd site.

Court Outcome:

On 31 March 2009, Justice Marshall imposed a penalty of $5,500 on the CFMEU. 

the liability judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/federal_ct/2008/1804.html

the penalty judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FCA/2009/299.html