Office of the Australian Building and Construction Commissioner

Background

Allegations outlined in the ABCC’s statement of claim

• McConnell Dowell Constructors (Aust) Pty Ltd (MCD) was the principal contractor in charge of the Corio Quay North Number 4 Ship Loader project (the project) in Geelong. The project involved modifications to an existing berth including the construction of a ship gangway and loading platform.
•  In December 2008 MCD engaged Hanlon Industries Pty Ltd to perform steel fabrication, supply and assembly works for the project.
• In March 2009 Hanlon Industries entered into an agreement with MCD for the steel assembly works to take place on site.
• On 12 May 2009 MCD wrote to Hanlon Industries and revoked the agreement because Hanlon Industries were not party to a workplace agreement.

Alleged contraventions

• The Building and Construction Industry Improvement Act 2005 (BCII Act) provides that a person must not discriminate against another on the grounds that they are, or are not covered by a particular kind of industrial instrument.
• The ABCC alleges MCD contravened s.45(1) of the BCII Act by discriminating against Hanlon Industries Pty Ltd in relation to an industrial agreement.

ABCC Prosecution

• The ABCC filed an Application and Statement of Claim in the Federal Court of Australia at Melbourne on 29 July 2010.
• A first directions hearing is scheduled for 10.15 am, Friday, 20 August 2010.

Penalties

• The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.