Office of the Australian Building and Construction Commissioner

Background facts

As contained in the statement of claim

The ABCC alleges:

• At the time of the events, the CEPU had certified agreements in place with five electrical contracting companies in Tasmania.
• All agreements, bar one, had a nominal expiry date of 30 November 2005. One agreement had a nominal expiry date of 1 March 2006.
• Assistant Secretary of the Electrical Division, Southern States Branch, with the CEPU
• Kevin Harkins had the responsibility and authority to represent the interests of members of the CEPU employed by the electrical contractors.
• On 17 November 2005, Mr Harkins and CEPU shop stewards employed by the electrical contractors told employer representatives of the electrical contractors that the CEPU wanted to negotiate a pay increase. They explained that this was to bring the employees into line with employees covered by another company’s certified agreement and employees in mainland states.
• On 5 December 2005, the CEPU initiated bargaining periods with the electrical contractors.
• On 13 December 2005, the CEPU informed its members about a mass meeting at the Glenorchy Football Club on 13 December 2005.
• Mr Harkins organised and addressed the meeting.
• It was resolved that a one-day strike would take place on 14 December 2005.
• Eighty-one of the employees did not attend work and took strike action on 14 December 2005.
• On the day of the strike, Mr Harkins addressed a rally outside the Tasmanian Parliament in support of the CEPU’s wages claim.
• ABCC Prosecution
• The ABCC filed the application with the Federal Magistrates Court at Hobart on 18 July
• 2007. The application was issued by the court on 19 July 2007.
• The application alleged that the CEPU and Mr Harkins contravened section 38 of the
• Building and Construction Industry Improvement Act 2005 (BCII Act). It is alleged they
• engaged in unlawful industrial action constituted by a 24-hour strike of employees in the electrical contracting industry in Tasmania on 14 December 2005.
• Court Results
• The CEPU and Mr Harkins admitted contravening section 38 of the BCII Act by engaging in unlawful industrial action constituted by a 24-hour strike of employees in the electrical contracting industry in Tasmania on 14 December 2005.
• Federal Magistrate Lucev ordered that a penalty of $11,000.00 be imposed on the CEPU and a penalty of $8,800.00 be imposed on Mr Harkins for contravening section 38 of the BCII Act.
• The CEPU has also agreed to the provision of training by the ABCC for Southern States officials and delegates in relation to the rights and obligations of the union, its officials and delegates arising under the BCII Act and the Workplace Relations Act 1996. Mr Harkins has undertaken to attend this training.