Background
Allegations in the ABCC’s Statement of Claim
- Iqon Pty Ltd was the head contractor at the National Convention Centre site in Canberra.
- Michael Riley was the project manager, Wayne Clark was the general foreman and Brendan Byatt was a director of Iqon.
- On 30 May 2007, Mr Riley was allegedly involved in an altercation at the Iqon site with an employee of a subcontractor regarding his obligation to wear a hard hat. The employee was a CFMEU member. He was removed from the site.
- Two CFMEU organisers interviewed the employee. They held entry permits under Part 15 of the Workplace Relations Act 1996 (WR Act) and were authorised representatives under the Occupational Health and Safety Act 1989(ACT) (OHS Act).
- It is alleged that, as a result of this interview, the organisers suspected on reasonable grounds that a breach of the OHS Act may have occurred at the site. The OHS Act obliges the occupier of a site to take all reasonably practical steps to ensure that it is safe.
- At 8am on 7 June 2007, the CFMEU organisers attended the site to investigate the suspected breach. It is alleged that the organisers were entitled to enter the site under section 77 of the OHS Act without prior notice.
- Mr Riley allegedly instructed an Iqon employee to refuse entry to the organisers. The employee allegedly told the organisers that they were not to enter the site.
- One of the organisers telephoned Mr Riley and told him that he had been obstructed by employees of Iqon. Mr Riley allegedly told him that he would obtain legal advice and call the organiser back. Mr Riley did not call him back.
- Mr Byatt allegedly told an Iqon employee that union organisers had to give 24 hours notice to enter the site and, unless Mr Byatt knew why they wanted to enter, they would not be allowed entry.
- The Iqon employee then allegedly told Mr Clark the organisers could not come on site unless they had given 24 hours notice.
- Mr Clark met the organisers at the entry to the site and allegedly informed them they were not to enter the site.
Alleged contraventions
- Mr Riley, Mr Clark and Mr Byatt are alleged to have breached s767(3)(b) of the WR Act because they refused or unduly delayed entry to the site by union organisers entitled to enter without notice under the OHS Act.
- It is alleged that, through the conduct of Mr Riley, Mr Clark and Mr Byatt, Iqon refused or unduly delayed entry to the site by the CFMEU organisers.
ABCC Prosecution
- The ABCC filed proceedings in the Federal Magistrate’s Court at Canberra on 28 December 2007. A directions hearing is scheduled for 4 February 2008.
Penalties
- The maximum penalties that may be imposed by the court for a breach of s767(3)(b) of the WR Act are $6,600 for an individual and $33,000 for a body corporate.