Cahill v CFMEU

In the case of Cahill v CFMEU, the Federal Circuit Court was tasked with determining a penalty against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for breaches of the Workplace Relations Act 1996 (Cth). The primary dispute centred around the CFMEU's actions, including imposing bans and stoppages, and applying pressure to Bovis to pay strike pay to its members. The court was required to decide whether the CFMEU's actions constituted breaches of the Act and, if so, to determine an appropriate penalty.

The legal issues before the court included whether the CFMEU's actions were deliberate and in breach of the Act, and what weight should be given to factors such as deterrence, the nature of the breaches, and the need for general deterrence. The court also had to consider the totality principle in determining the appropriate penalty, weighing various sentencing factors, including the co-operation of the CFMEU and its expenditure in the proceeding. The court found that the breaches were deliberate and in breach of s 187AB of the Act. It acknowledged that while specific deterrence was not necessary due to the current industrial climate, some degree of general deterrence was required.

After considering all relevant factors, the court concluded that a penalty of $4,000 was appropriate. This decision was based on the totality principle and the significant breaches identified, such as the industrial action from 13 to 18 May 2004 and the bans at the 385 Bourke Street site. The court also took into account the overlap in some of the breaches, which reduced the overall penalty from $6,000 to $4,000.

The court's final orders included imposing a penalty of $4,000 on the CFMEU, declaring that the second and third respondents had contravened s 187AB of the Act, and directing that the penalty be paid into consolidated revenue by a specified date.