Cahill v Construction, Forestry, Mining and Energy Union (No 3) [2009] FCA 52

Cahill v Construction, Forestry, Mining and Energy Union (No 3) [2009] FCA 52

The Union and Bob Mates, by threats and actions on 15, 17, and 21 February 2006 (including demanding re-employment and allocation of OH&S duties, and shutting down the crane), acted with intent to coerce the employer in contravention of s 43 of the Building and Construction Industry Improvement Act 2005 (Cth). The relevant state of mind and authority of Bob Mates are attributable to the Union. Allegations of further contraventions involving discouragement of other crane operators or organising a picket line were not made out on the evidence.

Parties
Applicant: Chris Cahill; First Respondent: Constructions, Forestry, Mining and Energy Union; Second Respondent: Bob Mates
Jurisdiction
Australia
Judgment Date
05 February 2009
Procedural Posture
Civil (industrial Law Contravention of Statutory Provisions) / Final Judgment After Contested Hearing; Directions for Penalties and Costs to Follow
Outcome
Declarations made that the Union and Bob Mates contravened s 43 of the Act on 15, 17, and 21 February 2006; matter listed for a directions hearing on penalties and costs.
Legal Topics
Coercion in Employment, Building and Construction Industry Regulation, Union Conduct, Contravention of Building Industry Legislation, Unlawful Industrial Action
Industrial Law Coercion in Employment Building and Construction Industry Regulation Union Conduct Contravention of Building Industry Legislation Unlawful Industrial Action

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Parties

Chris Cahill

Applicant

Constructions, Forestry, Mining and Energy Union

First Respondent

Bob Mates

Second Respondent

Procedural Posture

Civil (industrial Law Contravention of Statutory Provisions) / Final Judgment After Contested Hearing; Directions for Penalties and Costs to Follow

Legal Issues

  1. 1 Whether the Union and its officer breached s 43 of the Building and Construction Industry Improvement Act 2005 (Cth) by threatening or taking action with intent to coerce the employer regarding employment and allocation of duties to specific individuals
  2. 2 Whether alleged threats and actions were made/done with the intent to coerce for a proscribed reason
  3. 3 Whether the Union officer discouraged other crane companies from attending the site or organised a picket line in contravention of ss 38 and 43

Ratio Decidendi

The Union and Bob Mates, by threats and actions on 15, 17, and 21 February 2006 (including demanding re-employment and allocation of OH&S duties, and shutting down the crane), acted with intent to coerce the employer in contravention of s 43 of the Building and Construction Industry Improvement Act 2005 (Cth). The relevant state of mind and authority of Bob Mates are attributable to the Union. Allegations of further contraventions involving discouragement of other crane operators or organising a picket line were not made out on the evidence.

Court Disposition

Declarations made that the Union and Bob Mates contravened s 43 of the Act on 15, 17, and 21 February 2006; matter listed for a directions hearing on penalties and costs.

Orders

  • Declared: Respondents contravened s 43 on 15 February 2006.
  • Declared: Respondents contravened s 43 on 17 February 2006.