Background
Allegations as outlined in the ABCC’s statement of claim filed on 4 March 2011. The allegations may change during the course of the proceeding.
1. Hooker Cockram Projects Limited was the principal contractor in charge of a construction project at the Royal Melbourne Institute of Technology (RMIT) in La Trobe St, Melbourne.
2. It was Hooker Cockram’s practice to conduct a meeting with each worker before they commenced at the site to induct them and discuss matters of safety.
3. At 8.00am on Friday 9 October 2009 CFMEU Officer Derek Christopher attended the site and met with Hooker Cockram’s site manager.
4. Mr Christopher requested that a particular person be allocated responsibility for attending all site inductions. The site manager refused this request.
5. After this refusal, Mr Christopher approached the site manager, stood nose-to-nose before him and said “if you don’t let him do his job, I am going to take you out on the street and beat the living shit out of you” or words to that effect.
6. Mr Christopher then touched the site manager’s chest and knocked his face with sufficient force to dislodge the spectacles and protective headwear the manager was wearing. Mr Christopher then verbally abused the site manager in the presence of others, calling him a “fxxking cxxt and “the biggest fxxking cxxt and four-eyed axxehole [he had] ever met.”
7. Mr Christopher repeatedly kicked a door to the Site Office, damaging it in the process.
Alleged Contraventions
8. The ABCC alleges Mr Christopher attempted to unlawfully coerce the site manager or Hooker Cockram, in contravention of section 348 and section 355 of the Fair Work Act 2009 (FW Act). The ABCC alleges the CFMEU and Mr Christopher threatened, assaulted, abused and vandalised property with the intent to coerce the site manager or Hooker Cockram to comply with his request.
ABCC Prosecution
The ABCC filed a statement of claim in the Federal Magistrates Court in Melbourne at on 4 March 2011.
A first directions hearing is scheduled on 7 April 2011.
Penalties
The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation.