Office of the Australian Building and Construction Commissioner

Allegations in the ABCC’s statement of claim

• Baulderstone Hornibrook Pty Ltd was the head contractor at a construction site located at 20 Hindmarsh Square, Adelaide, South Australia.
• On 15 July 2008 at 9.30am, CFMEU organiser Justin Feehan visited the site and met with employees working at the site.
• At that meeting, Mr Feehan suggested that the employees consider taking industrial action and arranged for a vote on industrial action to be taken.
• At the conclusion of the meeting Mr Feehan told a site manager that the employees would be leaving the site.
• The employees left the site and did not return to work for the remainder of that day.

Alleged contraventions

• The ABCC alleges that the CFMEU and Mr Feehan engaged in unlawful industrial action in contravention of s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by:
• placing a ban, limitation or restriction on the performance or acceptance of work; or
• being involved in unlawful industrial action.

ABCC Prosecution

• The ABCC filed proceedings in the Federal Magistrates Court in Adelaide on 7 July 2009. The first directions hearing has been scheduled for 11 August 2009.

Penalties

• The maximum penalties for each contravention of s.38 of the BCII Act are $22,000 for an individual and $110,000 for an organisation.