Warren Cruse v Multiplex Limited, Construction, Forestry, Mining and Energy Union (CFMEU), Grant Thorson and Peter Costello

Applicant: ABCC Inspector Warren Cruse

Respondent(s): Multiplex, CFMEU, Grant Thorson, Peter Costello

Date filed: 3 December 2004

Court Findings:

The Federal Court of Australia dismissed the case against the CFMEU and others.  Justice North found that the Respondents had not  contravened s187AA(1) of the Workplace Relations Act for paying strike pay following industrial action on 5 August 2003.

Court Outcome:                                                                                                                                                                                                                       

The Australian Building and Construction Commission appealed that decision.

On 5 November 2008, the Full Court of the Federal Court upheld that appeal and found that the CFMEU had contravened s187AA(1) of the Workplace Relations Act for demanding strike pay and coercing Multiplex to pay strike pay following industrial action on 5 August 2003

The Full Court imposed a penalty of $2,500 on the CFMEU.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2007/2015.html

view the appeal at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2008/179.html