17 August 2015CFMEU's Parker & Hanlon allegedly unlawfully enter Specialist School & try to recruit members

Director of Fair Work Building Industry Inspectorate v Hanlon, Parker & the Construction Forestry Mining & Energy Union

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

Background

Site

1.    The Ponds School project, worth an estimated $64 million involving the construction of three new schools for the Ponds community, Riverbank Drive, The Ponds, NSW

Respondents

2.    Brian Parker, CFMEU NSW state secretary

3.    Rebel Hanlon, CFMEU NSW assistant state secretary

4.    CFMEU

31 July 2014

5.    FWBC alleges that Mr Hanlon said to workers as they entered the site “I want everyone here not to go to work,” and directed them to gather at the site shed.

6.    Mr Hanlon then allegedly inquired about the workers’ union memberships and handed out forms for CFMEU membership.

7.    FWBC alleges that Mr Hanlon did not give a notice for his entry onto the site.

1 August 2014

8.    FWBC alleges that Mr Hanlon entered the site and requested a copy of the site induction records from the site manager. This request was refused.

9.    FWBC alleges that Mr Hanlon requested a copy of the site induction records from the site Work Health & Safety Coordinator.

10.  Mr Hanlon allegedly told the Work Health & Safety Coordinator that the purpose for requesting the induction records was an issue related to a contractor not paying superannuation to the workers.

11.  This request was complied with and FWBC alleges that Mr Hanlon removed the records from the site and provided them to tv show “A Current Affair”.

12.  It is alleged that Mr Hanlon gathered together workers who had been recently inducted and told the workers that they had to become members of the CFMEU and handed out CFMEU membership forms to them.

13.  FWBC alleges that Mr Hanlon did not give a notice for his entry onto the site.

 

11 August 2014

14.  FWBC alleges that Mr Hanlon and Mr Parker attended the site and Mr Parker said to the site project manager “Can you round up all the workers on site? We have to have a meeting.”

15.  When the project manager asked Mr Parker to provide his right of entry notice, FWBC alleges Mr Parker refused to do so and replied loudly and whilst puffing out his chest “Do you understand who I am and what my position is, if you don’t get the workers together I’m going to do it.” and “You will do what I f**king say and don’t f**k me around.”

16.  FWBC alleges that Mr Parker told the project manager that the contractor was not paying workers and that it was engaging illegal workers.

17.  FWBC alleges that Mr Hanlon and Mr Parker asked workers to stop work and proceed to the site sheds.

18.  Mr Parker then allegedly addressed up to 30 workers from the formwork and bricklaying companies in relation to investigations being conducted concerning the workers.

19.  FWBC alleges that Mr Parker asked the gathered workers for a resolution that if they needed support to resolve issues with the contractor that the workers would “pull up the job.”

20.  Mr Parker allegedly said to the gathered workers words to the effect “If we can get a resolution off you, I’m going to let youse go back to work. But if we need to stop work on the job until we sort it out, cause then I will go back into management, and say to them, the guys are back to work, but we want the Chinese to stop, and we want to go through all the issues related to what I said today.”

21.  FWBC alleges that Mr Parker asked the gathered workers for a vote on the resolution and the gathered workers raised their hands.

22.  It is alleged that Mr Parker said to the gathered workers “Go back to work and if we need to pull it up, we will pull it up.”

Contraventions

23.  FWBC alleges that Mr Hanlon contravened s500 of the Fair Work Act on three occasions and s503 of the Fair Work Act on one occasion.

24.  FWBC alleges that Mr Parker contravened s500 of the Fair Work Act on one occasion and s504 of the Fair Work Act on one occasion.

25.  FWBC alleges that the CFMEU contravened s500 of the Fair Work Act on four occasions, s503 of the Fair Work Act on one occasion and s504 of the Fair Work Act on one occasion.

Maximum penalties

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.

PDF icon Media Backgrounder - CFMEU allegedly uses false claims to get onsite and sign up workers.pdf