Background
Allegations as outlined in the ABCC’s statement of claim filed on 29 June 2011. The allegations may change during the course of the proceeding.
1. In November 2008 Hooker Cockram Projects Pty Ltd was the head contractor on a three level development at the Melbourne RMIT University campus, 379-405 Russell Street, Melbourne. The project was due for completion in May or June 2010.
2. Hooker Cockram is and was bound by the National Code of Practice for the Building and Construction Industry.
3. On 18 March 2010 two ABCC inspectors attended the site and were made aware that a stop work meeting had been called due to their presence on the site.
4. CFMEU organiser Derek Christopher advised the site manager that the CFMEU and the Electrical Trades Union (ETU) had introduced a new policy that they would “shed up” their members whenever the ABCC are on site.
5. The ABCC inspectors left the site at about 9:15am.
6. After the ABCC left the site managers met with Mr Christopher and informed him the stop work action was considered unlawful industrial action and therefore workers would “have a minimum of 4 hours docked”.
7. Mr Christopher notified workers that Hooker Cockram would not be paying strike-pay and they packed up and left the site.
8. All sub-contractors were advised by Hooker Cockram that the site remained open and no instruction was given to any worker to stop work for the day.
Alleged Contraventions
9. The ABCC alleges the CFMEU and Mr Christopher contravened:
• s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by being involved in building industrial action in the form of a ban, limitation or restriction on the performance of Building Work by the Employees on 18 March 2010; and
• s.50 of the Fair Work Act 2009 (FW Act) by being in contravention of a term in an enterprise agreement relating to the disputes resolution procedure in relation to the dispute on 18 March 2010; and
• s.417 of the FW Act by engaging in industrial action on 18 March 2010, before the nominal expiry date of an enterprise agreement.
ABCC Prosecution
10. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 29 June 2011.
11. A directions hearing is scheduled for 15 August 2011.
Penalties
12. The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.
13. The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation