The Federal Court has granted further orders to prevent the CFMEU from continuing its picket line and blockade of the Melbourne Market Relocation Project (MMRP) in Epping, Victoria.
The Federal Court has granted further orders to prevent the CFMEU from continuing its picket line and blockade of the Melbourne Market Relocation Project (MMRP) in Epping, Victoria.
The orders made on 24 May 2010 are an extension of interim interlocutory orders that the Federal Court imposed on 20 May 2010.
Justice Tracey ordered that the CFMEU and its officials be restrained from preventing or hindering access to the project and from attending or leaving any vehicle, trailer or equipment within 100 metres of the site. The orders also restrain the union and its officials from counselling or procuring anyone else to join the action, not enter the site or not work at the site. The latest orders were also varied to include restraining the CFMEU and its officials from interfering with the site or the perimeter fencing.
The ABCC alleged that CFMEU officials have blocked the entrance to the site and prevented vehicles and workers from entering the site continuously since 19 May 2010. The stoppage has been estimated to cost head contractor Bovis Lend Lease Ltd about $120,000 a day.
The ABCC alleges that the CFMEU’s actions have been taken in relation to a demarcation dispute regarding union coverage of the employees of contractor Fulton Hogan Pty Ltd.
Fulton Hogan’s workforce is covered by a workplace agreement with the Australian Workers Union (AWU). On 10 February 2010, the CFMEU filed a Notice of Appeal against Fair Work Australia's decision to approve the Fulton Hogan Agreement. The CFMEU withdrew the appeal before it was heard.
On 20 May 2010, the ABCC issued a proceeding against the CFMEU alleging that the blockade by its officials was unlawful industrial action and that it was done with intent to coerce Fulton Hogan to enter into an industrial agreement with the CFMEU.
A further directions hearing has been scheduled for 4 June 2010.
For further information please see the case summary on the ABCC website.
The ABCC is ready to assist anyone affected by this ongoing dispute or anyone needing advice on similar issues on their building site. Call 1800 003 338 to speak with an ABCC Inspector in your state or send an email to enquiry@abcc.gov.au