Warren Cruse v Construction, Forestry, Mining and Energy Union (CFMEU) and Colin Stewart

Applicant: ABCC Inspector Warren Cruse

Respondent(s): CFMEU, Colin Stewart

Date filed: 24 August 2006

Court Findings:

The Federal Magistrates Court found the CFMEU and Mr Stewart contravened section 38 of the BCII Act and that the CFMEU contravened clauses 14 and 27 of the Roche Mining/CFMEU Murray Basin Development Project Construction Sites Agreement by engaging in alleged unlawful industrial action involving 288 workers at the Roche Mineral Sands Separation Plant between 23 and 28 September 2005.

The CFMEU contravened the relevant certified agreement by failing to comply with the settlement of issues procedure in the agreement. The parties filed identical statements of agreed facts on 11 October 2007.

Court Outcome:

On 14 November 2007, Federal Magistrate Burchardt imposed a penalty of $35,000 on the CFMEU and a penalty of $7,000 on Mr Stewart, with half of Mr Stewart’s penalty suspended for twelve months.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2007/1873.html