In August 2004, discussions were held between the CFMEU and construction contractor, Hooker Cockram Projects Ltd, concerning the employment of apprentices on the site. By October 2005, no apprentices were employed on the site and the ABCC alleged that Parker and Corbett accused Hooker Cockram of breaching their agreement and caused an overtime ban to be imposed on the site until an apprentice was employed. It is also alleged that Corbett threatened the company that if any worker was on site after normal closing time, there would be a picket the next day and the site would be closed for a week. The ban was lifted on 12 October after Hooker Cockram and the State of Victoria promised to resolve the issue. An apprentice commenced on the site on 21 October 2005.
Decision
On 19 September 2008 the Federal Court at Melbourne penalised the CFMEU and one of its officials, John Parker a total of $63,000 for breaches of s38 and s43 of the BCII Act on the basis of conduct that was admitted by them. Both admitted to contravening the BCII Act by:
- threatening to take industrial action with the intent to coerce a builder to employ an apprentice in contravention of s.43, and
- engaging in unlawful industrial action in contravention of s.38
The penalties imposed upon Mr Parker were fully suspended on the condition that he did not contravene a provision of the BCII Act or the Workplace Relations Act 1996 for a period of twelve months.