Director of the Fair Work Building Industry Inspectorate v Peter Joshua & Ors
Court file number: WAD99/2016
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Douglas Heath, Peter Joshua, Phillip Kennedy, Brendan Kerkvliet, Troy Smart, CFMEU.
Date filed: 1 March 2016
Alleged breach: Right of entry
This matter was discontinued on the basis that the parties consented to the making of the Final Orders in the Fair Work Commission.
FWBC have commenced proceedings in the Federal Court against the CFMEU and five officials for allegedly acting improperly by repeatedly refusing to respect the wishes of workers on two BGC construction sites in Perth who did not want to speak with union officials.
FWBC alleges as follows:
- On five separate occasions between 28 January and 22 February 2016 CFMEU officials Peter Joshua, Douglas Heath, Troy Smart, Philip Kennedy and Brendan Kerkvliet entered rooms that had been set aside for workers who did not want to attend union meetings.
- On each occasion, the CFMEU provided notice of its intention to enter BGC project sites for the purpose of holding discussions with workers during their break times. Upon receiving the notice, BGC made appropriate arrangements by designating one of its crib rooms (crib 1) as the location for the union meeting.
- On each site, site management also ensured other rooms were available for workers who did not wish to meet with union officials during their breaks. Management placed notices in crib 1 and the other crib rooms (all of which were identical) to alert workers that union officials would be on site for discussions. Site management made it clear that if workers wished to meet with union officials they should utilise crib 1 during their break times.
- Despite this, on each of the five occasions CFMEU officials accessed the sites, they refused to comply with directions to hold their discussions in Crib 1 and improperly entered the other crib rooms to attempt to meet with disinterested workers.
- On one occasion, Mr Heath and Mr Kerkvliet became aggressive when site management told them they did not have permission to enter the other crib rooms and began physically pushing management in order to gain access to the site.
For more information please view the document(s) attached below.