Union Blacklist Class Action
Adero is preparing a Class Action against Mr John Setka and the CFMEU Construction & General Division (Victoria-Tasmania branch).
The proposed class action will be brought on behalf of current and former CFMEU members who were ‘blacklisted’ by their own union at any time during the last six years.
Background
Adero is preparing a Class Action against Mr John Setka and the CFMEU Construction & General Division (Victoria-Tasmania branch) (CFMEU).
Adero acts for multiple clients who are current and former members of the CFMEU and has identified an appropriate lead Applicant who was blacklisted from all ‘union’ sites after more than a decade of service within the construction industry and membership of the CFMEU.
The proposed class action will cover current and former CFMEU members who were ‘blacklisted’ by their own union and barred from working in the construction industry, at any time during the last six years.
Investigation
Adero Law understands that the CFMEU has maintained a ‘blacklist’ of up to 300 current and former members, who the CFMEU has decided to ‘ban’ from working in the construction industry.
Over the last two months, Adero has spoken to dozens of current and former CFMEU members. Many of these individuals instruct Adero that they believe the practice of blacklisting has been prevalent within the CFMEU for many years, including many members who peacefully protested outside the CFMEU office during September 2021; and continues to the present day at many Victorian construction sites.
Adero is not aware of any lawful basis for the CFMEU to control who does (or does not) work on any construction site, however where a union actively ‘blacklists’ its own members – this is one of the most barbaric things a union could do a member.
Adero believes that up to 300 number of members of the CFMEU in Victoria may have been blacklisted by their union over the last six years.
Damages
The proposed Class Action will attempt to obtain a remedy for ‘blacklisted’ workers by seeking:
a) Declarations; that the CFMEU unlawfully maintained a blacklist of current and former members,
b) Civil penalties; for each contravention of the Fair Work Act 2009 (Cth) (to be paid to our Client); and,
c) Damages; for past and future loss caused by the CFMEU (payable to our Client).
The potential damages for class action group members may include loss of earnings in connection with being excluded from working on construction sites throughout Victoria.
These damages are likely to be substantial where a worker’s skill set and income was reliant on maintaining employment within the construction industry.
To Register
Adero Law is seeking registrations from any workers who were ‘blacklisted’ or otherwise prevented from working by a union at any time since 2019.
If ‘blacklisting’ has affected you, Adero Law may be able to act for you on a no-win, no-fee basis to claim compensation and penalties. Either individually, or as part of the proposed class action against CFMEU Construction & General Division.
Should you wish to remain anonymous, please email blacklist@aderolaw.com.au.
Frequently Asked Questions
What are my obligations at this stage?
If you wish to be part of the class action, please register your details.
At this stage, Adero invites you to express your interest in joining a planned class action or individual claim.
Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service. You are under no obligations until you agree to be bound by such a document.
How does a class action work
Although circumstances may vary, the general structure of a class action proceeding run by Adero Law is as follows:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero Law’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- Pleadings and other Court documents are finalised and filed with the Court.
- Claimants have a chance to opt-out of the class action.
- Evidence is compiled and the claim is prepared for trial.
- If appropriate, mediation or settlement discussions take place between the parties.
- If a settlement agreement is not reached, the claim proceeds to trial.
- Once a settlement agreement has been reached, claimants are notified, and a timetable is put in place for any objections or submissions to be made ahead of a hearing.
- A settlement hearing occurs.
- If the settlement is approved, a distribution scheme will be implemented as approved by the Court.
Am I financially at risk by providing my details to Adero?
Once a class action has commenced, Adero Law may send you a retainer for a no win no fee legal service that is relevant to your individual claim. This document will contain any terms relevant to the payment of legal fees under a no win no fee contract, and in respect to the ongoing management of the class action.
Who can register their interest?
Adero is accepting registrations of interest from individuals that have been blacklisted by a Union at any time since 2019.
Can my employer treat me differently if it thinks that I have joined a class action?
No. The Fair Work Act 2009 (Cth) s 340 prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish an employee in any way for joining a class action. If you believe this has happened to you, contact us at Adero Law and we will promptly investigate such a complaint.
How will my name be kept confidential, and my privacy be managed?
Adero will not provide your details to the CFMEU or any third party without your consent. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any unrelated purpose or disclose it to any third-party. That information we procure is also subject to legal professional rules that Adero Law adheres to, under the relevant ACT rules.