Office of the Australian Building and Construction Commissioner

Allegations outlined in the ABCC’s statement of claim

• Stockwell Design and Construction Pty Ltd (SDC) was the principal contractor engaged to construct stage one of ‘River Point Apartments’ (the project) at 55 Forbes Street, West End, Queensland.
• On Friday 5 June 2009 SDC had scheduled a concrete pour for the project.
• During that morning a concrete pump was set up in the driveway, and the first of the concrete trucks backed up to discharge concrete into the pump. A line of concrete trucks was parked along Forbes Street, waiting to discharge their loads of concrete into the pump.
• At about 11.30am BLF organiser Kane Pearson arrived and parked his car immediately behind the first concrete truck.
• The first truck could not leave the pump as a result of the obstruction caused by this vehicle. The concrete pour was disrupted as waiting trucks were unable to access the pump.
• A traffic controller engaged by SDC approached Mr Pearson in his vehicle and advised him that he was stopped in a no-park zone.
• Mr Pearson got out of the car and walked towards the concrete pump operator. He refused three more requests to remove his vehicle.
• Mr Pearson approached the concrete pump operator and told him to stop working.
• Following this exchange Mr Pearson met with the SDC quality assurance manager, and claimed he would not remove his car as he believed the concrete pour would continue into the night.
• The quality assurance manager told Mr Pearson that if he did not remove the vehicle it would be towed away.
• Mr Pearson returned to his vehicle, and stood by the vehicle and blocked attempts to tow it out of the way.
• Some time later the police arrived. Mr Pearson acceded to the police requests to remove his car.
• The concrete pour was cancelled as it could no longer be completed that day.

Alleged contraventions

• The ABCC alleges that on Friday 5 June 2009 the BLF and Mr Pearson breached s.767 (1) of the Workplace Relations Act 1996 (WR Act) by intentionally hindering or obstructing people working on the site, or otherwise acting improperly while exercising rights as a permit holder.

ABCC Prosecution

• The ABCC filed a statement of claim in the Federal Magistrates Court at Brisbane on 25 May 2010. 16. A first directions hearing is scheduled on 15 July 2010.

Penalties

• The maximum penalties for a contravention of the WR Act are $6600 for an individual and $33,000 for an organisation.