Hadgkiss v Buchan, Heath, Molina & CFMEU

VIC , Backgrounder

Release date: 1 April 2008

In 2007, Wycombe Constructions Pty Ltd was the head contractor on the Deakin University Medical School Refurbishment Project in Waurn Ponds, Victoria.
Wycombe had a certified agreement with the CFMEU which had a nominal expiry date of 31 March 2008. The agreement regulated the terms and conditions of employees at the Deakin University site who were members of the CFMEU.
Wycombe engaged Big Contractors Pty Ltd to perform metal, carpentry and plastering work. Big did not employ its own labourer at the site. From early 2007, Mr Johnston allegedly pressured directors of Big to employ a labourer on the site.
On 19 March 2007, Mr Johnston allegedly stopped a Wycombe employee from unloading building materials, intended for Big, from a supplier.
The Wycombe site manager instructed the employee to unload the materials, however Mr Johnston and the employee allegedly refused to follow the site manager’s instructions.
Subsequently, the supplier’s truck left the site without being unloaded.

taken unlawful industrial action contrary to section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) and
taken industrial action before the nominal expiry date of the certified agreement, contrary to section 494 of the Workplace Relations Act 1996 (WR Act).

The CFMEU is alleged to be liable for the conduct of Mr Johnston as their officer or agent.

The ABCC filed proceedings in the Federal Magistrates Court at Melbourne on 1 April 2008. A directions hearing is scheduled for 15 April 2008.

10. The maximum penalties that may be imposed by the court for a breach of section 38 of the BCII Act are $22,000 for an individual and $110,000 for a union.
11. The maximum penalties that may be imposed by the court for a breach of section 494 of the WR Act are $6,600 for an individual and $33,000 for a union.

Office of the Australian Building and Construction Commissioner