As alleged in the ABCC’s statement of claim
- In September 2006, a subcontractor was engaged to perform painting work on the Police and Law Courts Complex at Morwell in Victoria. The subcontractor's employees were not covered by a CFMEU industrial agreement.
- Charlie Corbett was a CFMEU shop steward employed by the head contractor. Mr Corbett carried out site inductions as part of his employment.
- On 19 September 2006, two employees of the subcontractor attended the site to begin work. Mr Corbett allegedly refused to induct them. The head contractor’s project manager inducted the employees.
- The project manager told Mr Corbett and the OHS representative that the employees would be painting a cell door at the site.
- Mr Corbett allegedly stated that this was CFMEU work, not AMWU work, and the employees needed to be covered by a CFMEU EBA.
- Mr Corbett allegedly prevented the employees from unloading paint, telling them he and the OHS representative had to check if the paint was safe first. There was no proper basis for this because the same paint had already been used throughout the project.
- At about noon on 19 September 2006, Mr Corbett is alleged to have told the project manager that the employees would not be working on the site without an EBA. The employees commenced work.
- The OHS representative allegedly told the employees “Just stop work, you don’t have an EBA” and said they needed to be inducted to the site again. Mr Corbett is alleged to have told the employees they needed to be inducted again at around 1.30pm.
- During the induction, Mr Corbett allegedly said the subcontractor’s managing director was “a f**king liar and he won’t get the EBA done”. Mr Corbett allegedly told the employees they could not return the site without an EBA.
- On 20 September 2006, Mr Corbett allegedly complained to the employees that if the subcontractor “didn’t fix up the EBA” they would not be able to start work the following day.
- On 20 or 21 September 2006, CFMEU official John Parker had a telephone conversation with the subcontractor’s managing director. Mr Parker allegedly requested the managing director sign an EBA and faxed him a copy. The managing director did not sign the EBA.
- In late September 2006, Mr Parker allegedly telephoned the managing director again about the EBA, asking in an aggressive tone “where’s my stuff?”
- Prior to 8.30am on 3 October 2006, Mr Corbett allegedly refused to conduct site inductions after 8.30am.
- Prior to 11am on 3 October 2006, Mr Corbett and the OHS representative allegedly told the employees they would have to be inducted again because they missed a toolbox meeting. Mr Corbett then allegedly refused to perform the induction.
- On the same morning, Mr Parker allegedly told the project manager in a telephone conversation that he should talk to the subcontractor’s managing director about returning his calls in relation to the EBA.
- Prior to 11am on 3 October 2006, Mr Corbett allegedly told the project manager that a stop-work meeting would be held at 11am because the subcontractor’s employees were back on the site without an EBA.
- Mr Corbett and the OHS representative allegedly organised CFMEU members and finishing trade workers to attend a stop-work meeting. The meeting went for around 20 minutes and was attended by 23 employees.
- Mr Corbett and/or the OHS representative allegedly recommended the workers go on strike for the rest of the day. The workers in attendance left the site.
Alleged contraventions
- The CFMEU and Mr Corbett allegedly:
- engaged in unlawful industrial action, contrary to s38 of the Building and Construction Industry Improvement Act 2005 (BCII Act);
- threatened to take action with intent to coerce the head contractor not to engage to subcontractor, contrary to s.43 (1), (b), (c) and/or (d) of the BCII Act;
- threatened to take action to coerce the subcontractor to enter into an agreement with the CFMEU, contrary to s44(1) of the BCII Act;
- discriminated against the subcontractor because its employees were not covered by a union EBA, contrary to s45 of the BCII Act.
ABCC proceeding
- The ABCC filed proceedings in the Federal Court at Melbourne on 25 February 2008 The first directions hearing is scheduled for 17 June 2008.
Maximum penalties
- The maximum penalties that may be imposed by the courts for each breach of s38, s.43, s.44 and s.45 of the BCII Act are $22,000 for an individual and $110,000 for the union. .