Office of the Australian Building and Construction Commissioner

Background

Allegations outlined in the ABCC’s statement of claim

• Baulderstone Hornibrook and United Group Limited combined to be the head contractor to build a water treatment plant at the Tarago Reservoir, in West Gippsland.
• Baulderstone Hornibrook and United Group Limited engaged Bell Wiggins Pty Ltd and Sensor Safe Pty Ltd to carry out electrical works on the project.
• Employees working on the site were engaged under the National Electrical, Electronic and Communications Contracting Industry Award 1998. Bell Wiggins employees were also bound by the Bell Wiggins Pty Ltd Collective Agreement 2008-2013.
• On 9 and 10 February 2009, the head contractor closed the site as a safety precaution due to bushfires in the area. No work was performed at the site on those days.
• On 11 February 2009 Michael Wiggins, director of Bell Wiggins, told his employees that he did not think they would be paid for the days the site was closed, and that workers should take those days as rostered days off.
• On Wednesday 11 February 2009 and Thursday 12 February 2009 employees carried out their rostered duties.
• On the morning of Friday 13 February 2009 employees commenced their shift as normal. At 8.45am, CEPU organiser Peter Mooney visited the site without notification and arranged to speak to Bell Wiggins and Sensor Safe employees during their smoko break.
• At 9.45am Mr Mooney held a meeting with those employees in the car park.
• Immediately following the meeting eight of the Bell Wiggins employees and eight of the Sensor Safe employees failed or refused to perform work for the remainder of that day.

Alleged Contraventions

• The ABCC alleges that the CEPU and Mr Mooney contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by being involved in unlawful industrial action.
• The ABCC alleges that the CEPU and Mr Mooney contravened s.494 of the Workplace Relations Act 1996 (WR Act) by being involved in industrial action before the nominal expiry date of a collective agreement.

ABCC Prosecution

• The ABCC filed a statement of claim in the Federal Magistrates Court in Melbourne on 27 April 2010.
• A first directions hearing is scheduled for 16 July 2010 at 9.30am.

Penalties

• The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.
• The maximum penalties for a contravention of the WR Act are $6,600 for an individual and $33,000 for an organisation.