Background
Allegations in the ABCC statement of claim
- Bovis Lend Lease Pty Ltd (BLL) engaged Caelli Constructions (Vic) Pty Ltd to perform building works at four sites:
New Royal Children’s Hospital project (RCH), 52 Flemington Road, Parkville
Myer, Montage and ANZ projects in Docklands, Victoria.
- On 3 September 2008 the AIRC ordered the CFMEU and all officers not engage in industrial action or protest over BLL’s decision to introduce the Blue Glue security system for three months.
- On 24 September 2008 Caelli and BLL authorised the CFMEU to conduct two 30 minute meetings with employees at the RCH site and at the Myer and ANZ sites. The meetings were conducted by CFMEU officials Matt Hudson, Elias Spernovasilis and Bill Oliver.
- Both meetings exceeded 30 minutes duration. Caelli employees who attended those meetings were docked four hours pay.
Royal Children’s Hospital site
- On 15 October 2008 Mr Hudson and CFMEU official Shaun Reardon entered the RCH site without authorisation. They conducted a meeting with Caelli employees and discussed employees being docked four hours pay for attending the 24 September 2008 meeting.
- Mr Hudson and Mr Reardon told BLL’s senior general foreman ‘the men’ were angry about Caelli withholding strike pay and they would ‘probably go home’.
- Mr Hudson and Mr Reardon met with employees who were performing a concrete pour at the RCH site. Mr Hudson and Mr Reardon directed, encouraged and persuaded these and other employees not to perform work at the project. The Caelli employees refused to perform further work that day or on 16 October 2008.
Myer and Montage sites
- On 15 October 2008 CFMEU officials Derek Christopher and Adrian McLoughlin entered the Myer project site without authorisation and refused to show entry permits to BLL foremen.
- Mr Christopher and Mr McLoughlin then entered the Montage project site without authorisation and directed or encouraged Caelli employees working at the site to attend a meeting at the Myer project site.
- Mr Christopher and Mr McLoughlin held a meeting with Caelli employees from both sites. They discussed employees being docked four hours pay in relation to the 24 September 2008 meeting.
- Mr Christopher and Mr McLoughlin persuaded or procured the Caelli Montage and Myer employees not to perform work on the project. The Caelli employees refused to perform any further work that day or the next day.
28 and 29 November 2008 – Royal Children’s Hospital
- On 28 November 2008 Mr Hudson entered the RCH site without authorisation. Mr Hudson conducted a meeting with approximately 220 Caelli employees in the lunch room. During the meeting, BLL’s implementation of a swipe-card security site access system known as ‘Blue Glue’ was discussed.
- Mr Hudson persuaded or procured the RCH Caelli employees not to perform any work that day or the next day. Caelli employees refused to perform any further work until the completion of work on 29 November 2008.
- After the meeting Mr Hudson told BLL’s senior general foreman that the Caelli employees would refuse to have their identification photos taken for the Blue Glue system.
4 December 2008 – Ban on unloading materials – Royal Children’s Hospital
- On 4 December 2008 CFMEU officials Mr Hudson and Mr Washington entered the RCH site without authorisation and refused to show entry permits. Mr Hudson and Mr Washington entered the induction room and prevented four employees from having their photographs taken for the Blue Glue System.
- Mr Hudson then placed a ban on work at the site by directing, encouraging or persuading Caelli employees not to perform work unloading materials from a truck.
4 to 11 December 2008 – Disruption of induction photos – Royal Children’s Hospital
- On 5, 8, 10 and 11 December 2008 Mr Hudson and Mr Washington entered the RCH site without authorisation and prevented employees from having their photos taken for the Blue Glue system.
Alleged contraventions
- Section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) provides that a person must not engage in unlawful industrial action.
The ABCC alleges that the following respondents engaged in unlawful industrial action on the following dates:
- · The CFMEU, Mr Reardon and Mr Hudson at RCH site on 15 and 16 October 2008.
- · The CFMEU, Mr McLoughlin and Mr Christopher at the Myer and Montage sites on 15 and 16 October 2008.
- · The CFMEU and Mr Hudson at RCH site on 28 and 29 November 2008.
- · The CFMEU, Mr Hudson and Mr Washington at RCH site on 4, 5, 8, 10 and 11 December 2008.
- Section 767 of the Workplace Relations Act 1996 (WR Act) provides that a permit holder seeking to exercise rights must not intentionally hinder or obstruct any person, or otherwise act in an improper manner.
The ABCC alleges the following respondents contravened s.767(1) of the WR Act on the following dates:
- · The CFMEU, Mr Reardon and Mr Hudson at RCH site on 15 and 16 October 2008.
- · The CFMEU, Mr McLoughlin and Mr Christopher at the Myer and Montage sites on 15 and 16 October 2008.
- · The CFMEU and Mr Hudson at RCH site on 28 and 29 November 2008.
- · The CFMEU, Mr Hudson and Mr Washington at RCH site on 4, 5, 8, 10 and 11 December 2008.
- Section 496(10) of the WR Act provides a person must comply with an order of the AIRC.
The ABCC alleges the following respondents’ failed to comply with an AIRC order on the following dates:
- · The CFMEU, Mr Reardon and Mr Hudson at RCH site on 15 and 16 October 2008.
- · The CFMEU, Mr McLoughlin and Mr Christopher at the Myer and Montage sites on 15 and 16 October 2008.
- · The CFMEU and Mr Hudson at RCH site on 28 and 29 November 2008.
ABCC Prosecution
- The ABCC filed a statement of claim in the Federal Court in Melbourne on 14 May 2010.
A first directions hearing has been scheduled on 15 June 2010.
Related Proceedings:
AIRC Order
ABCC Proceedings
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 $6600 for an individual and $33,000 for an organisation.