Williams v Construction, Forestry, Mining and Energy Union [2009] FCA 223

Williams v Construction, Forestry, Mining and Energy Union [2009] FCA 223

Mr Mates, in his capacity as union organiser, organised a stoppage of work on 31 July 2006 with intent to coerce Kane Constructions to employ an occupational health and safety labourer, and threatened further stoppages unless compliance was achieved. The conduct was illegitimate within the statutory and industrial framework, thus constituting a contravention of s 43(1) BCII Act by both Mr Mates and the Union. The allegations of unlawful industrial action under s 38 BCII Act were not established as no ban or categorical restriction was imposed directly by the workers or union official.

Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Civil Penalty Application / Post Liability Judgment (penalty Pending)
Outcome
Contravention of s 43(1) BCII Act established against both respondents. Allegations under s 38 BCII Act dismissed. Penalty and final orders not determined.
Legal Topics
['coercion' 'work Stoppage' 'unlawful Industrial Action' 'health and Safety Representatives' 'stoppage of Work' 'trade Union Conduct' 'dispute Resolution Procedures']
['industrial Law' 'employment Law' 'occupational Health and Safety'] ['coercion' 'work Stoppage' 'unlawful Industrial Action' 'health and Safety Representatives' 'stoppage of Work' 'trade Union Conduct' 'dispute Resolution Procedures']

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Procedural Posture

Civil Penalty Application / Post Liability Judgment (penalty Pending)

Legal Issues

  1. 1 ['Whether Mr Mates organised or threatened to organise a stoppage of work with intent to coerce Kane Constructions to employ or designate an occupational health and safety labourer' 'Whether Mr Mates engaged in unlawful industrial action within the meaning of section 38 of the Building and Construction Industry Improvement Act 2005 (Cth)' "Whether Mr Mates' conduct was unlawful, illegitimate or unconscionable" 'Liability of the Union for acts of its organiser under the BCII Act']

Ratio Decidendi

Mr Mates, in his capacity as union organiser, organised a stoppage of work on 31 July 2006 with intent to coerce Kane Constructions to employ an occupational health and safety labourer, and threatened further stoppages unless compliance was achieved. The conduct was illegitimate within the statutory and industrial framework, thus constituting a contravention of s 43(1) BCII Act by both Mr Mates and the Union. The allegations of unlawful industrial action under s 38 BCII Act were not established as no ban or categorical restriction was imposed directly by the workers or union official.

Court Disposition

Contravention of s 43(1) BCII Act established against both respondents. Allegations under s 38 BCII Act dismissed. Penalty and final orders not determined.

Orders

  • ["Proceeding listed at 10.15 am on 20 March 2009 for hearing parties regarding final orders conformably with the court's reasons." 'Costs reserved.']