Summary of allegations as outlined in the ABCC’s statement of claim filed on Monday 14 November 2011. The allegations may change during the course of the proceeding.
The ABCC has commenced litigation alleging that the CFMEU, the CEPU, the BLF and five officials contravened sections 38 of the Building Construction Industry Improvement Act 2005 (BCII Act) and 417 of the Fair Work Act 2009 (FW Act) by organising or engaging in unlawful industrial action.
Background
Brookfield Multiplex Constructions Pty Ltd (Brookfield Multiplex) is and was at all relevant times engaged as principal contractor for:
• A project to construct the Gold Coast Hilton hotel and associated works (Gold Coast Hilton), located at 6 Orchid Avenue, Surfers Paradise, Queensland; and
• A project to refurbish the Wintergarden shopping precinct (Wintergarden), located at 171-209 Queen Street, Brisbane, Queensland.
1. Brookfield Multiplex engaged subcontractors for the Gold Coast Hilton project including Lindores Construction Logistics Pty Ltd, Waco Kwikform Limited, Heinrich Constructions Pty Ltd and Global HR Pty Ltd.
2. Brookfield Multiplex engaged subcontractors for the Wintergarden project including Global, Beenleigh Steel Fabrications Pty Ltd, Delta Pty Ltd and Heyday Group Pty Ltd.
The action at the Gold Coast Hilton site
3. Between 9.30 am and 11.00 am on Monday 28 February 2011, Mr Andrew Sutherland, an official of the CFMEU, and Mr Timothy Jarvis, an official of the BLF, entered the Gold Coast Hilton site and held a meeting with workers engaged in building work.
4. At the meeting, Mr Sutherland and Mr Jarvis asserted to the assembled workers that Brookfield Multiplex was one of a number of employers being targeted by the BLF and CFMEU in a national campaign (the Campaign) for purportedly engaging in sham contracting.
5. Mr Sutherland and Mr Jarvis initiated a vote on whether the assembled building workers would support the Campaign by stopping work on the Gold Coast Hilton site.
6. At the end of the meeting, around 37 workers stopped work and left the Gold Coast Hilton site.
7. Immediately after the meeting, Mr Sutherland and Mr Jarvis met with senior managers for Brookfield Multiplex on the Gold Coast Hilton site.
8. They told the senior managers that the BLF and the CFMEU were conducting the Campaign and were targeting Brookfield Multiplex and Bovis Lend Lease. They said building workers on the Gold Coast Hilton site had decided to stop work for 48 hours to support the Campaign.
9. The Gold Coast Hilton site building workers did not return to work until Wednesday 2 March 2011.
The action at the Wintergarden site
10. Also on Monday 28 February 2011, at around 9.30 am, Mr Patrick O’Doherty, an official of the CFMEU, Mr Kane Pearson, an official of the BLF, and Mr Christopher Lynch, an official of the CEPU, entered the Wintergarden site and held a meeting with building workers on the site.
11. At the meeting, Mr O’Doherty, Mr Pearson and Mr Lynch asserted that Brookfield Multiplex was one of a number of employers being targeted by the BLF, CFMEU and CEPU for purportedly engaging in sham contracting.
12. Mr O’Doherty, Mr Pearson and Mr Lynch initiated a vote on whether the assembled building workers would support the Campaign by stopping work on the site.
13. At the end of the meeting, around 65 building workers stopped work and left the site.
14. Shortly after, Mr O’Doherty, Mr Pearson and Mr Lynch met with senior managers for Brookfield Multiplex in the Wintergarden project site office.
15. They told the senior managers that The BLF, the CFMEU and the CEPU were conducting a campaign and that Brookfield Multiplex was one of the employers being targeted. They said workers on the Wintergarden site had decided to stop working for the remainder of Monday 28 February 2011.
16. The Wintergarden site building workers returned to work on Tuesday 1 March 2011.
Alleged Contraventions
17. The ABCC alleges that the respondents contravened section 417 of the FW Act by engaging in unprotected industrial action at each of the sites.
18. The ABCC alleges that the respondents contravened section 38 of the BCII Act by engaging in unlawful industrial action at each of the sites.
ABCC Prosecution
19. The ABCC filed a statement of claim in the Federal Magistrates Court at Brisbane on 14 November 2011.
20. A first directions hearing occurred on 14 December 2011.
Penalties
21. The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation.
22. The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.