Stuart-Mahoney v CFMEU and Anor (No.3)

Stuart-Mahoney v CFMEU and Anor (No.3) involved a dispute concerning the enforcement of workplace relations laws against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and two of its officials. The primary dispute centred on the alleged contraventions of the Workplace Relations Act 1996 (WR Act) and the Building and Construction Industry Improvement Act 2005 (Cth). The case was heard in the Federal Court of Australia.

The legal issues before the court encompassed whether the CFMEU and its officials had indeed contravened the provisions of the WR Act and the Building and Construction Industry Improvement Act 2005 (Cth). Specifically, the court had to determine whether the union and its officials were liable for breaches that resulted in financial penalties and compensation for lost wages. The court also needed to assess the appropriate quantum of penalties and whether certain amounts should be suspended contingent on future conduct.

In its judgment, the court found that the CFMEU and its officials had contravened the WR Act in relation to the employees Wayne Gauci and George Galea. The court held that the union was liable for penalties of $24,775.00 for each employee and ordered that these be paid into the Consolidated Revenue Fund. Additionally, the court awarded George Galea lost wages of $190.74. Regarding the individual officials, the court imposed penalties of $6,000.00 each for Wayne Gauci and George Galea. The court partially suspended the payment of these penalties, stipulating that only $3,000.00 be paid immediately with the balance contingent on the officials' conduct over the following 12 months. If no further breaches occurred, the officials would not be required to pay the remaining penalties.

The final orders mandated that the union pay $24,775.00 for each of the employees Wayne Gauci and George Galea, and additionally, $190.74 to George Galea for lost wages. The officials were ordered to pay $6,000.00 each for Wayne Gauci and George Galea, with $3,000.00 payable immediately and the remainder suspended contingent on their conduct over the next 12 months. The court also specified that, barring any further breaches, the officials would not be required to pay the suspended penalties.