Director of the Fair Work Building Industry Inspectorate v ADCO Constructions Pty Ltd
Court file number: QUD525/2015
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): ADCO Constructions Pty Ltd.
Date filed: 1 July 2015
Alleged breach: Adverse action
The application was dismissed on 7 December 2016.
Director, Fair Work Building Industry Inspectorate v ADCO Constructions Pty Ltd (No 2)  FCA 1463
FWBC has brought proceedings against ADCO Constructions in the Federal Court for allegedly refusing to work with a crane company which had did not have a union enterprise agreement.
FWBC alleges as follows:
On 12 October 2012, ADCO contract administrator, Michael Duckett, telephoned the Director of the crane company and said “We can’t tell you to get an EBA, but we have strongly been urged to use nominated contractors or someone with a bona fide EBA”. On the Bond University site, an ADCO foreman told a crane operator “The unions are here, close down the crane and just go and have lunch or a smoko break”. The following day, the ADCO foreman asked the crane company to remove their crane from the site.
In subsequent conversations between the crane company, ADCO site manager Richard Tanner and ADCO QLD manager Simon Hawkins, the crane company was told that ADCO has signed a “union EBA” and could only utilise companies with union enterprise agreements. The crane company did not complete any work on the Bond University project after 12 October 2012.
In July 2013, Mr Tanner booked the company to carry out work on the Robina Town Shopping Centre project, before cancelling the job the next day. Mr Tanner said he was cancelling the work due to a meeting he had with a union delegate the day before who told him that if the union saw the crane company’s cranes on site they would shut the Robina project down.
Prior to the above events, the crane company was regularly engaged by ADCO, with work carried out for ADCO providing approximately one third of the crane company’s income.
For more information please view the document(s) attached below.