Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining, and Energy Union & Ors
Court file number: BRG318/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Construction, Forestry, Mining and Energy Union (CFMEU), Chad Bragdon, Jade Ingham, John Cummins & Ors.
Date filed: 8 April 2014
Alleged breach: Industrial action
- On 8 July 2016 the Federal Court imposed penalties totalling $53,000 against the respondents.
Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors  FCCA 1692
FWBC alleges that unprotected industrial action occurred at the Brooklyn on Brooks project in Fortitude Valley, after a s.418 application by Hindmarsh on 4 April 2014 was filed. The work stoppages allegedly took place because Hindmarsh refused to have the CFMEU’s Zoran Bogdamovic on site as a full-time delegate.
Work stoppages are alleged to have occurred for more than nine days at the site since 28 March 2014. CFMEU official Jade Ingham allegedly told a Hindmarsh senior manager the CFMEU would get the men back to work if Hindmarsh let Bogdamovic through the gate of the Brooklyn on Brookes apartment building project in Fortitude Valley.
On 7 April, three days after a Fair Work Commission return to work order was issued, it is alleged the CFMEU’s Chad Bragdon, Ingham and fellow delegate John “Jack” Cummins entered the site and organised unlawful industrial action. Bragdon allegedly refused to show a Right of Entry permit.
FWBC sought an urgent hearing in the Federal Circuit Court to prevent further disruptive conduct by the CFMEU, Bragdon, Ingham and Cummins at the site. An injunction was granted to remain in place until 30 April 2014.
On 11 April 2014 Fair Work Building & Construction sought an urgent hearing in the Federal Circuit Court after work continued to be disrupted at the Brooklyn on Brookes apartment building project in Fortitude Valley. The court subsequently added 31 workers to the injunction which already prevented the CFMEU and three of its officers from disrupting work at a Brisbane building site.
On 6 June 2014, FWBC discontinued proceedings against 10 workers and is continuing proceedings against the CFMEU, Bragdon, Ingham, Cummins and 21 workers employed by subcontractors Heinrich Construction.
FWBC alleges that the workers named in the orders were involved in a picket outside the site which prevented or discouraged workers from attending the site for work.
On 8 July 2016 the Federal Court imposed penalties totalling $53,000 against the respondents. The CFMEU was penalised $45,000, Mr Bragdon $3,000, Mr Ingham $2,500 and Mr Cummins $2,500.
Media release: Media Release - CFMEU in Court after allegedly warning of another Ark Tribe (PDF - 55K) Media Release - Court extends injunction to 31 workers (PDF - 170K) Media release - $53,000 penalty for CFMEU: Judge says "country's laws" little more than an annoyance" to the union