Background
As alleged in the ABCC’s statement of claim
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Bovis Lend Lease Pty Ltd was the head contractor for the construction of the Melbourne Recital Hall and the Melbourne Theatre Company's theatre located at 133 Southbank Boulevard, Melbourne (the site). LCR Lindores Group Pty Ltd (LCR Lindores) and Sergi Pty Ltd were retained to perform crane work at the site.
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On 6 October 2006, CFMEU union official Noel Washington attended the site without any prior notification to Bovis Lend Lease. Mr Washington held a stop work meeting with four employees of Sergi Pty Ltd (the employees).
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During the stop work meeting Mr Washington encouraged, persuaded, recommended and directed the employees not to perform any work that concerned the crane installation for part of the afternoon of 6 October 2006.
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At the conclusion of the CFMEU stop work meeting, and as a result of Mr Washington’s direction, the employees did not perform any work that concerned the crane installation for part of that afternoon.
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On 6 October 2006, Mr Washington telephoned the General Manager of LCR Lindores and threatened that the CFMEU would arrange a picket at the site from 5:00 am the next day unless LCR Lindores immediately stopped work at the site. Mr Washington told LCR Lindores that the picket threat would stand until LCR Lindores signed a union workplace agreement.
Alleged contraventions
- It is alleged that on 6 October 2006 Mr Washington, and the CFMEU by the conduct of Mr Washington:
- contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action;
- contravened s.44(1) of the BCII Act by threatening to take action with the intent to coerce or apply undue pressure on another party to make a union workplace agreement; and
- contravened s.45 of the BCII Act by discriminating against another party on the grounds that their employees were not covered by a union workplace agreement.
- Further, it is alleged that on 6 October 2006 Mr Washington, and the CFMEU by the conduct of Mr Washington:
- contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by:
i. aiding, abetting, counselling or procuring unlawful industrial action;
ii. inducing the taking of unlawful industrial action by CFMEU members;
iii. being knowingly concerned or a party to the unlawful industrial action of the CFMEU embers; and
iv. conspired with others to effect the CFMEU member’s contraventions
ABCC proceedings
- The ABCC filed proceedings in the Federal Court at Melbourne on 30 September 2008. The first directions hearing is scheduled for 24 October 2008.
Maximum penalties
- The maximum penalties for each contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.