The Federal Court at Adelaide today imposed penalties on CFMEU official Justin Feehan for breaching the Workplace Relations Act 1996. His Honour Justice Lander found that Mr Feehan hindered and obstructed two employers at an apartment complex site in Adelaide while exercising his powers of entry.
Lander J. today ordered Mr Feehan to pay a total of $1,300 in penalties for the contravention.
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.
Lander J. 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.
ABC Commissioner John Lloyd said this penalty should act as a deterrent to others who contravene the WR Act.
“The courts regard these contraventions seriously and therefore penalties have been imposed.”
Mr Lloyd said.
"The ABCC is committed to tackling unlawful conduct in the building and construction industry.
“Building industry participants should not have to tolerate unlawful and disruptive tactics when there are lawful processes in place to deal with industrial disputes.”