Allegations in the ABCC’s statement of claim
Laing O’Rourke Australia Construction Pty Ltd is a principal contractor engaged to build the new Darling Downs Power Station, near Dalby, west of Brisbane.
This is a $780 million project for Origin Energy. Up to 300 workers are employed on site and the power station is expected to supply the electricity needs of 400,000 customers.
On 18 September 2008, AMWU organiser, Terrence Bradley, spoke at a meeting of members of the AMWU and other Laing O’Rourke employees at the site.
Following the meeting, over 85 employees left the site and failed to return to work.
Over 85 employees also failed to attend for work as rostered on 19, 20 and 21 September 2008.
On 19 September 2008, the Australian Industrial Relations Commission ordered that the employees return to work.
The employees did not attend their rostered shifts after Laing O’Rourke rejected their claim for paid travel time on the first and last days of their fortnightly roster.
Alleged contraventions
The ABCC alleges that Mr Bradley and the AMWU:
a. contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by being involved in unlawful industrial action.
b. contravened s.38 of the BCII Act by imposing a ban, limitation or restriction on the performance of building work.
c. contravened s.494 of the Workplace Relations Act 1996 (WR Act) by organising industrial action before the nominal expiry date of the collective agreement.
ABCC Prosecution
The ABCC filed proceedings in the Federal Magistrates’ Court in Brisbane on 21 April 2009. The first directions hearing is scheduled for 22 May 2009.
Penalties
The maximum penalties for a contravention of s.38 of the BCII Act are $22,000 for an individual and $110,000 for an organisation.
The maximum penalties for a contravention of s.494 of the WR Act are $6,600 for an individual and $33,000 for an organisation.