09 March 2014CFMEU official facing court after allegedly claiming to be Steve Irwin

Peter Darlaston v Chad Anthony Bragdon and Others

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

  1. FWBC has launched proceedings against the CFMEU, the BLF QLD and the CFMEU QLD and two of their officials – Chad Anthony Bragdon and Anthony Kong – in the Federal Court of Australia.
     
  2. FWBC is alleging that on 6 June 2013, Bragdon and Kong entered a New South Wales work site for work health and safety purposes giving the impression that they were authorised to do so.  However, neither official held a NSW work health and safety permit and it is alleged that after they entered, they disrupted work on the site. 
     
  3. The project we are alleging they disrupted was a seven storey carpark construction site in Mascot, New South Wales. It was valued at approximately $17.4 million.
     
  4. We allege both Bragdon and Kong walked onto the site and went directly to an area where a concrete pour was in progress. It is alleged they told workers to stop work, to evacuate the area and that the site was to be shut down.
     
  5. We allege that neither Bragdon nor Kong were authorised to direct workers to stop work.
     
  6. We allege that as a result of the officials’ action, some workers left the site and work on the site was slowed down.
     
  7. Both officials were asked three times to produce entry permits. We allege they failed to produce permits.
     
  8. It is alleged that neither official told the site occupier that they did not have NSW work health and safety permits. Both officials allegedly said they would provide their permits later, implying they had current permits, when they did not.
     
  9. We allege both officials remained on site after they failed to produce permits.
     
  10. While on site, Mr Kong was asked to identify himself. We allege he falsely identified himself as “Steve Irwin”.
     
  11. We are alleging that Mr Bragdon and Mr Kong breached the Fair Work Act by hindering and obstructing work on the site by directing workers to stop work.
     
  12. We are also alleging the two officials breached the Fair Work Act by failing to produce permits and by giving the impression they were authorized to enter the site and to stop work. We also allege that Mr Kong falsely identified himself.
     
  13. As a result, we are also alleging that the CFMEU, the BLF QLD and the CFMEU QLD are liable for their officials’ actions.
     
  14. A directions hearing is scheduled for 25 March 2014.
     
  15. The maximum penalty for each contravention of the Fair Work Act in this matter is $10,200 for an individual and $51,000 for a corporation (including a union).
     
  16. FWBC is alleging Mr Bragdon is liable for five breaches of the Fair Work Act, and Mr Kong for six breaches.
     
  17. FWBC is alleging the CFMEU is liable for the eleven breaches by Mr Bragdon and Mr Kong; the BLF QLD is liable for the five breaches by Mr Bragdon and the CFMEU QLD is liable for the six breaches by Mr Kong of the Fair Work Act
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