On 17 November 2009 Brookfield Multiplex Limited (BML) and three other companies in the BML Group applied to the Federal Court for injunctive relief and penalties against Mr Joseph McDonald, the Assistant Secretary of the Western Australian Branch of the Construction Forestry Mining and Energy Union (CFMEU).
BML is the head contractor for the City Square site at 125 St Georges Terrace, Perth
On 15 July 2009 Mr McDonald visited the City Square site and spoke with employees. The employees then left the site and failed to return for the remainder of the day.
BML is seeking an injunction to stop Mr McDonald from entering BML sites until he obtains a valid federal entry permit.
The ABCC has initiated a separate proceeding against the CFMEU, CFMEUW and Mr McDonald seeking pecuniary penalties in relation to their involvement in unlawful industrial action at the site on 15 July 2009.
BML’s application was the subject of a hearing before Justice Barker on 4 February 2010 at which the Court made orders concerning the filing and serving of material. At a directions hearing on 26 March 2010 BML advised the Court that it had reached agreement with the respondent and wanted to discontinue its application. Barker J granted BML leave to discontinue. The ABCC’s case will now proceed to a hearing.