Office of the Australian Building and Construction Commissioner

Background

Allegations outlined in the ABCC’s statement of claim

• Bovis Lend Lease Pty Ltd (BLL) was the head contractor for the new Royal Children’s Hospital construction project at 52 Flemington Road in Parkville, Victoria.
• On 21 May 2008 building works being carried out on the site involved the operation of a tower crane.
• BLL had a labour hire arrangement with Direct Skills Pty Ltd. Direct Skills employed Enzo Iezzi, Petar Trupkovic and Matt Gotfried, the three of whom operated the tower crane.
• Shortly before 9:30am on 21 May 2008, CFMEU Senior Vice President Noel Washington and CFMEU Vice President Matthew Hudson entered the site without invitation or notification and proceeded to the tower crane.
• At around the same time, Mr Iezzi, Mr Trupkovic and Mr Gotfried left the crane for their scheduled morning break.
• When Mr Trupkovic descended the crane tower, Mr Washington asked him who his employer was. Mr Trupkovic replied that he was employed by Direct Skills.
• While the crane was unattended Mr Washington and Mr Hudson climbed the tower crane without permission and blocked access to it by placing a piece of plywood flat across the manhole and standing on it.
• Mr Hudson told the site foreman they had taken possession of the crane, and wanted to speak with BLL’s Operations Manager Mr Peter Ward.
• The site foreman asked Mr Washington and Mr Hudson to display their right of entry permits, and both refused this request.
• While BLL managers were trying to get Mr Washington and Mr Hudson to come down from the crane, CFMEU Vice President Elias Spernovasilis arrived at the site and walked over to them.
• Mr Spernovasilis met with BLL managers and advised that Mr Hudson and Mr Washington would not come down from the crane until they had made contact with Mr Ward.
• Mr Spernovasilis advised that the problem with the crane was that the men were not employed directly by BLL or the form worker and that the CFMEU would like the crane crew to have four members instead of three.
• At approximately 11:00am Mr Ward phoned Mr Washington to discuss the staffing levels and employment arrangements. Mr Washington and Mr Hudson did not leave the crane until after 12.30pm.

Alleged Contraventions

• The ABCC alleges that the CFMEU, Mr Washington, Mr Hudson and Mr Spernovasilis contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action when they placed a ban on work associated with the tower crane.

ABCC Prosecution

• The ABCC filed a statement of claim in the Federal Court at Melbourne on 6 April 2010.
• A directions hearing is scheduled for 4 May 2010 at 9:30am.

Penalties

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