Office of the Australian Building and Construction Commissioner

Allegations in the ABCC’s statement of claim

• J. Hutchinson Pty Ltd was the head contractor for a construction project known as the North Lakes Ambulatory and Community Health Centre in Brisbane, a $44m project funded by Queensland Health.
• In November 2007 Hutchinson engaged a corporation trading as MPD Constructions to perform pre-cast panel fabrication and installation work.
• On 7 January 2008 Gregory Thomas, an employee of Hutchinson and a job delegate of the Builders Labourers’ Federation Queensland (BLFQ) met with the principal of MPD. Mr Thomas said that employees of MPD working on the project should become members of the BLFQ, as it was supposed to be a “union site”.
• On 14 January 2008 BLFQ organiser Eddie Bland visited the project and spoke with the principal and employees of MPD about whether they were members of the BLFQ. They were not. Mr Bland then made a false or misleading statement to Mr Wiggins about the obligation of employees to be members of the BLFQ, namely that the project was to be a “union site”. Mr Bland then said that if the principal of MPD signed up the MPD employees, he would leave MPD alone.
• The principal of MPD then paid BLFQ membership fees for three MPD employees on the project, including himself.
• On 11 February 2008 Mr Thomas asked whether other MPD employees erecting the precast panels on the site were financial members of the BLFQ. They were not. Mr Thomas then made a false or misleading statement to Mr Wiggins about the obligation of these employees to become members of the BLFQ, namely that MPD had to sign them up because they were coming onto a union site.
• Two days later Mr Thomas requested payment of BLFQ membership fees for the employees.
• Mr Thomas then threatened to take action against MPD, namely stopping crane access to the site, unless the cheque was provided. Mr Thomas made this threat with the intent to coerce the MPD employees to become members of the BLFQ.
• The ABCC alleges:
• Mr Thomas, Mr Bland and the BLFQ contravened s.790 of the Workplace Relations Act 1996 (WR Act) by making false and misleading representations about the obligation of MPD employees to become members of the BLQF.
• Mr Thomas contravened s.789(1) of the WR Act by threatening to take action against MPD with intent to coerce MPD employees to become members of the BLFQ.

ABCC proceeding

• The ABCC filed proceedings in the Federal Magistrates Court at Brisbane on 7 January 2009. The first directions hearing will be held on 5 February 2009.

Maximum penalties

• The maximum penalties for each contravention of the WR Act are $6,600 for individuals and $33,000 for the union.