18 June 2014CFMEU official in court after abusing FWBC investigator

Nine other officials in court for alleged Right of Entry breaches

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

 

Case 1: Director of the Fair Work Building Industry Inspectorate v David Bolton and others

31 March 2014 – Minda Homes Master Plan Stage 1, Somerton Park

1.     It is alleged CFMEU officials David Bolton (South Australia) and Michael Huddy (Northern Territory) attended the Minda Homes site at Repton Road, Somerton Park at about 9.15am.

2.     The Minda Homes site will offer accommodation and services to South Australians living with an intellectual disability.

3.     It is alleged at the time of entry, Bolton and Huddy had not provided Badge Constructions Pty Ltd, the head contractor on the project, with an appropriate entry notice.

4.     It is alleged when Bolton was told Badge did not have a notice for Bolton and Huddy to enter the site, he said words to the effect: “I don’t need one for this, I’m just here to talk to members”.

5.     It is alleged Bolton and Huddy were requested to show their entry permits but did not.

6.     Two Badge employees allegedly asked Bolton and Huddy to leave the site using words to the effect: “I am instructing you to leave”. “It’s time to leave, get off site”. “We need you to leave”. “No, you don’t have a right of entry for being here, we have to ask you to leave”.

7.     It is alleged Bolton and Huddy had discussions with workers who were performing work at the time.

8.     It is alleged Bolton and Huddy remained on Site for almost an hour after they were asked to leave. They were then escorted off site.

9.     It is alleged Bolton and Huddy breached Right of Entry laws by acting in an improper manner.

10.  It is further alleged Bolton’s statements were intended to give the impression, or were reckless as to whether the impression was given, that his actions were allowed under the Fair Work Act when his actions were not allowed.

 

 

Case 2: Director of the Fair Work Building Industry Inspectorate v Luke Stephenson and others

31 March 2014 – 336 Kensington Rd, Leabrook

11.  CFMEU officials Luke Stephenson (South Australia) and Troy Smart (Western Australia) allegedly attended the Resthaven aged care facility construction project at 336 Kensington Rd, Leabrook without providing the contractor with an entry notice.

12.  The renovation of the Resthaven aged care facility involves refitting nine dual occupancy rooms to become single rooms with ensuite bathrooms, and creating eight serviced apartments for one or two people.

13.  Stephenson allegedly requested permission to enter the site and said words to the effect: “We want to enter the site to have a look around and chat to the guys”.

14.  After being refused permission because they had not given 24 hours’ notice as required by law, Stephenson called the Operations Manager for Kennett Pty Ltd, the head contractor, and allegedly said words to the effect: “We just want to go onto site”.

15.  The operations manager refused permission and said words to the effect: “Look Luke, I have no problems with your visit, if you have your right of entry notice, then I have no dramas”. “You are not to go on site, give me the notice and all will be good”.

16.  It is alleged Stephenson said words to the effect: “Regardless of Kennett’s stance, we’re going on site anyway, and if you like you can walk us through”.

17.  It is alleged Stephenson and Smart were advised that if they entered the site, they would be breaching laws and procedures, and they then entered the site where they remained for approximately 30 minutes.

18.  FWBC alleges Stephenson and Smart breached Right of Entry laws by acting in an improper manner.

 

Case 3: Director of the Fair Work Building Industry Inspectorate v David Bolton and others

7 April 2014 – Minda Homes Master Plan Stage 1, Somerton Park

19.  CFMEU officials David Bolton (South Australia) and Anthony Vitler (Australian Capital Territory) allegedly attended the Minda Homes site at about 9.13am and failed to produce a notice of entry or a permit.

20.  The Minda Homes site will offer accommodation and services to South Australians living with an intellectual disability.

21.  It is alleged when the pair were asked for a notice or permit, Bolton said words to the effect: ”It’s all okay, you don’t need to worry about that, it’s all organised”. “Don’t you worry about that, you’ve done your job, I’ll do mine”.

22.  It is alleged the pair were directed to wait while the Safety Officer was called and Bolton ignored the request and walked further in to the site.

23.  It is alleged the Site Manager said to Bolton and Vitler words to the effect: “We haven’t received an Entry Notice and if you don’t have a notice you will have to leave the site” and Bolton said words to the effect: “I just want to talk with the guys in the lunch room”.

24.  The Site Manager then allegedly said words to the effect: “Why are you doing it this way, we have no objection to union coming to the Site providing the correct notice is provided”.

25.  It is alleged Bolton and Vitler repeatedly refused to leave the site when directed to do so and Vitler failed to produce authority documents when requested to do so by the Senior Construction Manager.

26.  It is alleged Bolton and Vitler breached Right of Entry laws by acting in an improper manner.

 

Case 4: Director of the Fair Work Building Industry Inspectorate v Michael McDermott and others

1 May 2014 - Ibis Hotel, Adelaide

27.  CFMEU officials Michael McDermott (South Australia), Luke Stephenson (South Australia), Anthony Jarrett (South Australia), Anthony Sloane (New South Wales), Brendan Pitt (Victoria) and John Perkovic (Victoria) allegedly attended the Ibis Hotel construction site on Grenfell St, Adelaide without providing Watpac Limited, the head contractor, with a right of entry notice.

28.  The 311 room hotel is scheduled to open in July 2014 and will be the largest Ibis in Australia.

29.  It is alleged the officials were asked by the site manager for their right of entry notice and permits and McDermott responded with words to the effect: “You can’t get a right of entry”.

30.  It is alleged when the site manager instructed the CFMEU officials to leave, McDermott said “No” and the CFMEU officials then entered the part of the site where the construction of the Hotel was taking place.

31.  It is alleged Stephenson, Jarrett and Sloane refused to leave the Site when directed to do so, refused to display their entry permits and entry notice by the site manager and refused to wear safety glasses.

32.  It is alleged McDermott, Pitt and Perkovic refused to display their entry permits and entry notice when requested to do so by the site manager and one or more of them responded by saying words to the effect: “F**k off”. “F**k yourself”. “Grow some balls”.

33.  It is alleged Perkovic approached a Fair Work Senior Investigator until their stomachs were touching and at least five times shouted at him, referring to him as “you piece of sh*t” or “you f**king piece of sh*t”.

34.  Perkovic allegedly pushed the Senior Investigator with his stomach, referred to him as a “c**t” and said words to the effect: “You are just about having a heart attack. You’re sh*tting yellow, you piece of sh*t! Go f**k… Brush your teeth next time you piece of sh*t, alright?” ”I’d f**kin’ take you to school, you f**king piece of sh*t”.

35.  It is alleged Pitt and McDermott did not take any action to make Perkovic stop his behavior.

36.  It is alleged McDermott, Stephenson, Jarrett, Sloane, Pitt and Perkovic breached Right of Entry laws by acting in an improper manner.

Maximum penalties

37.   The maximum penalties available to the court in this case are $10,200 for an individual and $51,000 for a corporation, including a union.

38.   The matters are scheduled in the Federal Court, Adelaide for a directions hearing on 4 July 2014.

 

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