The ABCC alleges that CFMEU official Derek Christopher and the CFMEU engaged in unlawful industrial action, when Mr Christopher shut down work on a Melbourne building site on 12 March 2010.
Background
Allegations outlined in the ABCC’s statement of claim
1. During 2010 Brookfield Multiplex Ltd undertook building work comprising fit-outs for a multi-function space at 111 Bourke Street, Melbourne (SX2 Project).
2. Brookfield Multiplex Ltd engaged subcontractors for the SX2 project, including Gemwood Interiors Pty Ltd.
3. Gemwood Interiors Pty Ltd subcontracted Gemwood Installations Pty Ltd to carry out part of the building works associated with the SX2 project.
4. On 12 March 2010 Gemwood Installations required one employee and three subcontracted workers to perform building works on the SX2 Project.
5. At approximately 7.00am on 12 March 2010, CFMEU official Derek Christopher entered the SX2 Project Manager’s office, and said words to the following effect:
a) Put your f***ing breakfast down, you have got all day to eat that. I am shutting the job down.
b) There is an issue with Gemwood employing guys on Australian Business Numbers and not paying their workers’ entitlements such as Incolink, Workcover, superannuation and insurances.
c) I do not give a f*** who you call, I am shutting the job.
6. Following that meeting Mr Christopher addressed employees of Multiplex and its subcontractors.
7. Mr Christopher said words to the effect of “This is an illegal shutdown, no one is allowed to work because of Gemwood hiring subbies.”
8. Workers left the SX2 Project site following the meeting on 12 March 2010 and did not return that day.
Alleged contraventions
9. The ABCC alleges that Mr Christopher and the CFMEU contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action.
ABCC Civil Litigation Proceedings
10. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 18 August 2011.
11. A first directions hearing will be held on 3 October 2011.
Compensation
12. The ABCC alleges that Gemwood Installations suffered damage as a result of the unlawful industrial action, and is seeking orders that the CFMEU and Mr Christopher pay compensation for an amount to be assessed.
Penalties
13. The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.