CFMEU and organiser in court for alleged strike at Carlton apartment
Background
Allegations as outlined in the ABCC’s statement of claim filed on 16 November 2010. The allegations may change during the course of the proceeding.
1. The ABCC has filed proceedings in the Federal Magistrates' Court at Melbourne alleging that CFMEU organiser Matthew Hudson directed 44 workers to go on strike at the Rosso Apartment site in Carlton, Victoria.
2. Buildcorp Commercial Pty Ltd was the head contractor on an apartment project, known as Rosso Apartments at 264 Drummond Street in Carlton, Victoria.
3. Buildcorp engaged Jelena Hall Pty Ltd and various subcontractors at the site. Jelena Hall’s workers were employed under the Jelena Hall and the CFMEU Building and Construction Industry Enterprise Agreement 2005-2008 which had a nominal expiry date of 31 March 2008.
4. The CFMEU wanted to commence negotiations with Jelena Hall for a new building enterprise agreement. A meeting between the parties had been scheduled for 16 March 2009.
5. At 11.15am on 13 March 2009, CFMEU organiser Matthew Hudson attended the Rosso Apartment site and directed 44 employees to meet in the basement.
6. The project manager directed the employees to leave the basement and return to work.
7. Mr Hudson then instructed the employees to meet out the front of the site on Drummond Street. During the meeting, Mr Hudson directed the employees to go on strike for the remainder of the day.
8. Twenty-two of the employees obeyed Mr Hudson’s instructions and went on strike for the rest of the day.
9. At 11.45am, a worker employed by a tiling contractor told Mr Hudson that he and a colleague wanted to continue working. Mr Hudson replied “Try me.” The two workers went on strike for the remainder of the day.
10. Victoria Police attended the site. Mr Hudson told them he was there to distribute information about apprenticeships.
Alleged contraventions
11. The ABCC alleges that Mr Hudson and the CFMEU contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by directing employees to go on strike.
ABCC Civil Penalty Litigation
12. The ABCC filed a statement of claim in the Federal Magistrates’ Court at Melbourne on 16 November 2010.
13. A directions hearing is scheduled for 30 November 2010.
Penalties
14. The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.