ABCC v Hall & CFMEU
Background
Allegations as outlined in the ABCC’s statement of claim filed on 25 February 2011. The allegations may change during the course of the proceeding.
1. Akron Roads Pty Ltd (Akron) was the principal contractor undertaking work on a number of sites at the Wallangara estate in Victoria, including Kristini Place and Sayers Road.
2. At or about 7.30 am on 21 January 2010, Coates Hire removed the power generators for the sites.
3. On the morning of 21 January 2010, CFMEU official Adam Hall entered the Kristini Place site (the first entry) and the Sayers Road site (the second entry), seeking to investigate a suspected breach of the Victorian OHS Act.
The First Entry
4. During the first entry Mr Hall allegedly threatened to cause work to cease at the site and a related site, and convened an unauthorised meeting without notifying the project manager.
5. Mr Hall allegedly pushed the project manager with enough force to remove him from the site shed, and verbally abusing him.
6. Following that exchange Mr Hall told workers to pack up their gear and go home. As a result approximately six to eight employees left work for the day.
The Second Entry
7. Between approximately 10.30 am and 11.30 am on 21 January 2011 Mr Hall entered the Sayers Road site, and held an unauthorised meeting with employees.
8. During the meeting Mr Hall told employees to leave the site and not to return until the power was restored.
9. As a result of that direction a number of employees left work for the remainder of the day.
Alleged Contraventions
10. The ABCC alleges that Mr Hall hindered or obstructed various persons on the sites, contravening s.500 of the Fair Work Act (2009) (FW Act).
11. The ABCC alleges that Mr Hall further contravened s.500 of the FW Act by acting in an improper manner when he forcefully pushed the project manager and used abusive language.
12. Pursuant to s.363(1)(b) of the FW Act, the ABCC alleges that Mr Hall’s contraventions are also the actions of the CFMEU.
ABCC Civil Litigation Proceedings
13. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 25 February 2011.
14. A Directions Hearing is scheduled for 18 March 2011.
Penalties
15. The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation.