CFMEU union official Justin Feehan was today found to have hindered and obstructed workers at an apartment complex site in Adelaide in May 2004.
Justice Lander today found Mr Feehan breached s285E(1) of the Workplace Relations Act 1996.
A further hearing will be held on a date to be fixed to decide the imposition of a penalty.
Justice Lander said in his judgement:
“He (Mr Feehan) both performed acts and failed to perform acts which showed that he intentionally hindered or obstructed both employers and employees.”
On 5 May 2004 Mr Feehan attended the Scott Salisbury Homes apartment complex site at Halifax Street in Adelaide when concrete was being poured at the site. His Honour found that Mr Feehan purported to be entering the site to investigate employee entitlements and non-compliance with WorkCover and superannuation legislation.
Justice Lander found that Mr Feehan parked his vehicle in such a way that prevented the delivery of concrete to the site and refused to move his vehicle when asked by site management. When Mr Feehan did move his vehicle, he moved it to a position that continued to impede access to the site.
Mr Feehan also stood in a position to prevent trucks from entering the site.
The ABCC applied to the AIRC on 5 May 2006 to have Mr Feehan’s right of entry permit revoked
on the grounds that he abused the system. The proceedings were stayed pending the outcome of the Federal Court proceeding.
ABC Commissioner John Lloyd said he was pleased with today’s judgement.
“Building contractors and their employees should not have to tolerate the use of unlawful and disruptive tactics such as those employed by Mr Feehan,” Mr Lloyd said.
“There are lawful ways to deal with industrial disputes. Mr Feehan should have considered these before taking action which saw him contravene the Workplace Relations Act.
“Fact sheets and other educational material to help all building industry participants comply with the law are available on the ABCC’s website.”.