Office of the Australian Building and Construction Commissioner

Allegations in the ABCC’s statement of claim

• Bovis Lend Lease is the head contractor of a construction project for ANZ, located at North Wharf Road, Docklands, Victoria.
• On 6 March 2008, CFMEU Assistant Secretary Mr John Setka entered the Docklands site. Mr Setka allegedly entered the site under the Occupational Health and Safety Act 2004 (Vic) as prescribed by section 756(1) of the Workplace Relations Act 1996 (WR Act).
• While at the site Mr Setka made a serious threat to the personal safety of Bovis Lend Lease’s construction manager and general foreman.
• As outlined in paragraph 10 of the ABCC Statement of Claim, the alleged threat included a ‘promise’ from Mr Setka that he would quit his job and ‘get’ Bovis Lend Lease’s construction manager and general foreman.

Alleged contraventions

• The ABCC alleges that Mr Setka acted in an improper manner while exercising his rights as a permit holder, in contravention of section 767 (1) of the WR Act.

ABCC Prosecution

• The ABCC filed proceedings in the Federal Magistrates Court in Melbourne on 26 June 2009. The first directions hearing is scheduled for 10 August 2009.

Penalties

• The maximum penalty for a contravention of the WR Act is $6,600 for an individual.