King & Wood Mallesons

Asia-Pacific 100 position: 2

CFMEU blockade contempt of court

By Zsofia Guczi-Kidd

The Victorian Supreme Court has found the Construction, Forestry, Mining and Energy Union (CFMEU) guilty of contempt of court for blockading Grocon’s ‘Emporium’ and ‘McNab’ sites.

This decision demonstrates that where an employer is able to present strong evidence to support its case, it can be successful in holding unions to account for unlawful industrial action and related conduct directed against the employer. It also sends a strong message to unions which seek to hide behind the “public protest”• defence to interfere with an employer and subvert a Court’s orders.

Grocon obtained temporary restraining orders restraining the CFMEU from ‘preventing, hindering or interfering with free access to, and free egress from’ certain Grocon building sites by any person or vehicle and ‘causing, inducing, procuring or inciting any person to do or attempt to do’ any of the things which the CFMEU was restrained from doing…

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