Allegations in the ABCC’s statement of claim
Fulton Hogan Pty Ltd were engaged to undertake a road-widening project on the Monash Freeway between Jacksons Road and the South Gippsland Highway in South-East Melbourne.
At 9.00am on 30 April 2008 CFMEU Officer Mr Gareth Stephenson visited the site. Mr Stephenson and Mr Harry Slater, a CFMEU delegate employed by Fulton Hogan, addressed a meeting at the site.
The meeting was attended by employees of Fulton Hogan and employees of building contractors engaged by Fulton Hogan (the employees).
The meeting ended at 9.40am and Mr Stephenson and the employees went to the temporary administration buildings on the project. A second meeting was held at the administration buildings. The majority of employees decided to leave the site during the second meeting.
Following the second meeting, most or all of the employees failed to perform work on the site for the remainder of the day.
As a consequence of both meetings the employees did not perform the work they were engaged to perform on the project.
During both meetings Mr Stephenson and Mr Slater made claims that Fulton Hogan should provide improved access to washroom and toilet facilities at the site.
Alleged contraventions
The ABCC alleges that the CFMEU, Mr Stephenson and Mr Slater:
- contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action on three occasions on 30 April 2008.
- contravened s.38 of the BCII Act by aiding, abetting, counselling or procuring unlawful industrial action on three occasions on 30 April 2008.
ABCC Prosecution
The ABCC filed proceedings in the Federal Magistrates Court in Melbourne on 20 May 2009. The first directions hearing is scheduled for 2 July 2009.
Penalties
The maximum penalties for a contravention of s.38 of the BCII Act are $22,000 for an individual and $110,000 for an organisation..