Office of the Australian Building and Construction Commissioner

Background

Allegations outlined in the ABCC’s statement of claim

• Becon Constructions was the head contractor on the Woolworths supermarket complex at 53 Princes Highway, Beaconsfield, Victoria
• The Federal entry permit of CFMEU official Fergal Doyle expired on 10 February 2009.
• Mr Doyle applied to the Industrial Registrar for a new permit on 28 May 2009 and amended his application on 16 June 2009.
• The Industrial Registrar issued Mr Doyle with a permit on 17 June 2009.
• At 8am on 22 May 2009, Mr Doyle attended the Woolworths site. The site supervisor told Mr Doyle that he was not entitled to enter because he had not followed the right of entry protocols.
• Mr Doyle told the site supervisor that Becon’s right of entry protocols were wrong and entered the site.
• Mr Doyle left the site a few minutes later and returned at 8.10am to present the site supervisor with a notice of suspected contravention of the Victorian Occupational Health and Safety Act 2004 (Vic) (OHS Act).
• The site supervisor asked Mr Doyle to present his entry permit, to which Mr Doyle replied “I don’t have to show you my permit”. Mr Doyle then flashed what looked to be a badge at the site supervisor and again entered the site to identify alleged contraventions of the OHS law.

Alleged contraventions

• The ABCC alleges that Mr Doyle had a right to enter the Woolworths site under s87 of the OHS Act but did not hold a permit to enter the site under s15 of the Workplace Relations Act 1996 (WR Act).
• The ABCC alleges that Mr Doyle and the CFMEU contravened:
• s756 of the WR Act because Mr Doyle did not hold a permit required for OHS entry and
• s768 of the WR Act because Mr Doyle misrepresented his right to enter the site.

ABCC Prosecution

• The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 11 June 2010.
• Mediation will be conducted on a date advised by the court.

Penalties

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