Office of the Australian Building and Construction Commissioner

Allegations outlined in the ABCC’s application

• Brookfield Multiplex is the head contractor for the City Square construction site at 125 St Georges Terrace, Perth.
• On 15 July 2009 Mr Joseph McDonald, CFMEU Assistant Secretary in Western Australia, visited the site and spoke with employees. The employees then left the site and failed to return for the remainder of the day.
• On 17 November 2009 Brookfield Multiplex sought an interim injunction in the Federal Court to restrain Mr McDonald from being involved in industrial action at the site. The application [WAD208/2009] will be heard by the Court on 4 and 5 February 2010. The Australian Building and Construction Commissioner will intervene in the proceeding in the public interest.
• 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 on 15 July 2009.
• The ABCC will seek to consolidate its proceeding with Brookfield Multiplex’s injunction proceeding against Mr McDonald and have evidence in one matter stand as evidence in the other.

Alleged Contraventions

• The ABCC alleges the CFMEU, CFMEUW and Mr McDonald contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by being involved in unlawful industrial action on 15 July 2009.

ABCC Prosecution

• The ABCC filed an application in the Federal Court in Perth on 13 January 2010.
• The ABCC’s application to join the two proceedings is listed for mention on 15 January 2010.

Penalties

• The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.