Williams v Construction, Forestry, Mining and Energy Union (CFMEU) and Robert Mates

Applicant: ABCC Inspector Andrew Williams

Respondent(s): Robert Mates, CFMEU

Date filed: 21 December 2007

Court Findings: The Federal Court of Australia found Mr Mates and the CFMEU had contravened s43 of the BCII Act on 28 July 2006 and 31 July 2006 by Mr Mates demanding Kane Constructions Pty Ltd employ another Occupational Health and Safety representative on a site located at 372 Darebin Rd, Alphington, Victoria. Mr Mates threatened a work stoppage, or other action to stop work on site, if this demand was not met.

The workers ceased work at the site after the meeting and did not return until 2 August 2006.

Court Outcome: On 27 May 2009 Justice Jessup imposed penalties totalling $100,000 on the CFMEU and $15,000 on Mr Robert Mates for two contraventions of s.43 of the BCII Act.

The CFMEU and Mr Mates' appeal against Justice Jessup's penalty was heard on 16 November 2009 by the Full Court of the Federal Court.

On 7 December 2009 the Full Court delivered judgment upholding the appeal.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2009/223.html

view the appeal at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2009/171.html