The BCII Act provided the ABC Commissioner with the power to intervene in court proceedings and make submissions in Fair Work Australia (FWA) matters.

The ABC Commissioner was able to consider intervening or making submissions in relevant proceedings that may have an impact on the building industry or its participants.

Table 2.26 lists interventions and submissions commended in 2011-12, outlined by state, category and venue. Of the 12 interventions and submissions made during the reporting period, eight occurred in Victoria.

TABLE 2.26 INTERVENTIONS AND SUBMISSIONS COMMENCED IN 2011-12

Matter name

State

Category

Venue

Result (as at 31 May 2012)

Application for entry permit for Mr Danny Berardi

VIC

Permit Application

FWA

Permit granted

Application for a permit for Mr Michael Powell

VIC

Permit Application

FWA

Ongoing – under appeal

Permit application for Mr Gareth Stephenson

VIC

Permit Application

FWA

Ongoing – under appeal

Permit application for Mr Gerard Benstead

VIC

Permit Application

FWA

Permit granted

Permit application for Mr Stephen Long

VIC

Permit Application

FWA

Permit granted

Permit application for Mr John Parker

VIC

Permit Application

FWA

Permit granted

Permit application for Mr Shaun Reardon

VIC

Permit Application

FWA

Ongoing – under appeal

Mr Joseph McDonald Application for State (WA) OHS Permit

WA

Permit Application

State Industrial Tribunal

Full bench – WAIRC dismissed application

Permit application of Tony Mavromatis

VIC

Permit Application

FWA

Permit granted

Application for entry permit for Bradley Upton

WA

Permit Application

FWA

Permit granted

Thiess Pty Ltd v Construction, Forestry, Mining and Energy Union

QLD

Industrial Action

Federal Magistrates Court

Discontinued

Abigroup Contractors Pty Ltd v CFMEU, CEPU, BLFQ, Chris Lynch, Stuart Traill, Beau Malone, Mark Bateman, Dan Bessell, Adam Olsen, Tony Kong

QLD

Industrial Action

Federal Magistrates Court

Ongoing