Warren Cruse v Construction, Forestry, Mining and Energy Union (CFMEU), Robert Bannister, Barry Hoffman and Sam Fry

Applicant: ABCC Inspector Warren Cruse

Respondent(s): CFMEU, Sam Fry, Robert Bannister, Barry Hoffman

Date filed: 13 February 2007

Court Findings:

The Federal Court of Australia found the CFMEU and its delegate, Sam Fry contravened section 170NC of the Workplace Relations Act by taking action with intent to coerce a subcontractor to make an enterprise agreement. The Court also declared that the reposndents contravened s298SC(c) of the Workplace Relations Act because Fry made false and misleading statements regarding a building contractor’s obligation to join the CFMEU at a site in Hamilton, Victoria.

Court Outcome:

On 5 November 2008, Justice Marshall imposed a penalty of $4000 on the CFMEU.

view the decision on liability: http://www.austlii.edu.au/au/cases/cth/FCA/2008/1267.html

view the decision on penalty: http://www.austlii.edu.au/au/cases/cth/FCA/2008/1637.html