12 January 2015CFMEU ACT state secretary facing court

Director of Fair Work Building Industry Inspectorate v Dean Hall and ors

Allegations as outlined in Fair Work Building & Construction’s (FWBC) statement of claim, these may vary over the course of the proceeding.

1.     Fair Work Building and Construction has filed proceedings in the Federal Circuit Court against the CFMEU (ACT Branch), CFMEU State Secretary Dean Hall, ACT Assistant Secretary Jason O’Mara, CFMEU officials Halafihi Kivalu, Johnny Lomax, Zachary Smith and Kenneth Miller.

2.     FWBC alleges that the CFMEU (ACT Branch) and other respondents breached right of entry laws at three Canberra building sites.

Sites

3.     293 Flemington Road, Franklin ACT – 29 townhouses and an underground car park (Nexus Site).

4.     Wimmera Street and Mapleton Avenue, Harrison ACT – 60 apartments and townhouses (Harrison Site).

5.     Max Jacobs Drive, Wright, ACT – 106 apartments (Stromlo Terrace Site).

21 August 2013 – Nexus Site

6.     FWBC alleges Mr Hall and Mr O’Mara visited the Nexus Site.

7.     It is alleged that when the construction manager and later the site manager, requested to inspect Mr Hall’s WHS entry permit, Mr Hall held his thumb over part of the permit on both occasions.

21 October 2013 – Nexus Site

8.     FWBC alleges Mr Hall and Mr Lomax visited the Nexus Site and conducted a site safety walk with the Health and Safety Officer.

9.     It is alleged Mr Hall said to Mr Lomax words to the effect “Watch what happens when I stop their pour. There’s going to be a punch on here”.

10.  It is alleged Mr Hall then engaged in conduct that intentionally hindered and obstructed a concrete pump operator, by telling the operator that he would lose his ticket if he operated the pump.

11.  FWBC alleges that as a direct result of Mr Hall’s threats, the concrete pump operator packed up the pump and left the site.

12.  It is alleged a subcontractor at the site spoke to Mr Lomax and said words to the effect

 “Hey mate! This is bullsh*t. You are just trying to stop my job.”

13.  FWBC alleges Mr Lomax responded with words to the effect “It’s not about you mate. Ever since we started coming here [the developers] have had a bad attitude and it needs to be fixed. They’ll get plenty of trouble when they start that Harrison site across the road as well.”

14.  It is alleged Mr Lomax also said words to the effect “Sorry fellas, we’re not after you guys in particular. It’s nothing personal, it’s just that you guys are on this site.”

30 October 2013 – Nexus Site

15.  FWBC alleges Mr Smith and Mr Hall visited the Nexus Site.

16.  It is a WHS requirement of the site that visitors be accompanied at all times.

17.  It is alleged Mr Smith walked away from the group.

18.  FWBC alleges that the site supervisor approached Mr Smith and the following conversation took place:

Supervisor: “You are on our site, you need to follow our site rules”.

Mr Smith: “I’m here as a WH&S Officer! You can’t f**king tell me what to do”.

Supervisor: “Bullsh*t I can’t! If you don’t come back over and join us, your visit will be over!”

Mr Smith: “You’re a f**king idiot! You don’t know what you are doing”.

19.  It is alleged Mr Hall spoke with the site supervisor in relation to a concrete pour and said words to the effect “If I come here and it looks like that, you won’t be pouring concrete. I’ll be stopping the trucks.”

20.  FWBC further alleges that when the supervisor told Mr Hall he could not stop the pour according to the law, Mr Hall responded with words to the effect “We are going to stop it. You need to get in the real world brother”.

20 January 2014

21.  FWBC alleges Mr Hall visited the Stromolo Terrace Site.

22.  It is alleged Mr Hall did not produce his Federal permit for inspection when requested to do so by the head contractor’s General Manager.

23.  It is alleged Mr Hall produced a small square of paper the size of a matchbox that he claimed was his Federal permit.

24.  It is alleged the paper was illegible but for Mr Hall’s name in bold and the Australian Government logo and Fair Work written on the top.

25.  FWBC alleges when the site foreman requested to inspect the entry permit Mr Hall said words to the effect “Are you obstructing my access? I have already shown it to [the General Manager].”.

26.  Mr Hall then allegedly walked away unaccompanied from the site office towards the scaffold.

27.  FWBC alleges Mr Hall said words to the effect “Under the WHS access, I have a permit to enter the site and it overrides your site rules”.

28.  Mr Hall allegedly continued walking away and climbed the stair access to the scaffold on the third level.

29.  FWBC alleges Mr Hall then falsely told the site supervisor that he had permission from the builder and stuck two fingers up in a rude gesture.

 

Contraventions

30.  It is alleged that , Mr Hall and Mr O’Mara  contravened s.497 of the Fair Work Act 2009 – by failing to produce their entry permit for inspection when requested.

31.  It is further alleged that, Mr Hall, Mr Kivalu, O’Mara and Mr Smith contravened s.499 of the Fair Work Act – by not following occupational health and safety requirements of the sites.

32.  FWBC alleges that, Mr Hall, Mr Kivalu, Mr Lomax and Mr Smith contravened s.500 of the Fair Work Act – by obstructing employees from doing their job on site.

33.  It is alleged that, Mr Hall and Mr Kivalu also contravened s.503 of the Fair Work Act by misrepresenting authorisation to step onsite unaccompanied.

34.  It also alleged that the CFMEU (ACT Branch) has by the actions of its officials contravened the Fair Work Act.

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