Background
Allegations in the ABCC’s Statement of Claim
- In 2006, a developer engaged Kane Constructions Pty Ltd to build an extension to a warehouse in Alphington, Victoria.
- The Kane Constructions site manager was the Occupational Health and Safety (OHS) representative for the site.
- On Friday, 28 July 2006 CFMEU organiser Robert Mates attended the site and met with the site manager.
- Mr Mates allegedly demanded that Kane Constructions appoint a building employee, other than the site manager, as the OHS representative by the following Monday. He allegedly threatened a work stoppage, or other action to disrupt work on site, if this demand was not complied with.
- At 8am on Monday, 31 July 2006 Mr Mates attended the site and held a meeting with the workers. On finding that Kane Constructions had not installed an OHS representative other than the site manager, Mr Mates allegedly organised or took other steps to procure a stoppage of work at the site.
- The workers ceased work at the site immediately after the meeting.
- On 1 August 2006 the workers did not attend for work at the site.
- Work resumed at the site on 2 August 2006.
Alleged contraventions
- Mr Mates is alleged to have:
- threatened industrial action with intent to coerce Kane Constructions to employ someone as a building employee whose job would include the performance of OHS representative duties contrary to section 43 of the Building and Construction Industry Improvement Act 2005 (BCII Act);
- threatened industrial action with intent to coerce Kane Constructions to designate some other building worker on site to perform OHS representative duties, contrary to section 43 of the BCII Act; and
- engaged in unlawful industrial action contrary to section 38 of the BCII Act.
- The CFMEU is alleged to be liable to a civil penalty by the conduct of Mr Mates as its agent.
ABCC Prosecution
- The ABCC filed proceedings in the Federal Court at Melbourne on 21 December 2007. A directions hearing is scheduled for 26 February 2008.
Penalties
- The maximum penalties that may be imposed by the courts for each breach of section 38 and section 43 of the BCII Act are $22,000 for an individual and $110,000 for the union.