Director of the Fair Work Building Industry Inspectorate v Bradley Upton & Ors
Court file number: WAD201/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, CFMEUW and Bradley Upton.
Date filed: 7 July 2014
Alleged breach: Right of entry
- On 3 July 2015 the Federal Court penalised the CFMEU $20,000 and Mr Upton $4,000 for breaching the Fair Work Act (2009).
Director of the Fair Work Building Industry Inspectorate v Upton  FCA 672
FWBC has launched proceedings against the CFMEU, the CFMEUW and their officer Bradley Upton.
Bechtel is the engineering, procurement and construction manager of the multi-billion dollar Wheatstone project which involves the construction of an onshore liquefied natural gas facility near Onslow in Western Australia. Monadelphous Engineering Associates Pty Ltd was engaged as sub-contractors on the project.
On 8 October 2012, it is alleged that Upton attended the Project shortly before 10am for discussions with employees. At the time, permit holders held right of entry discussions in a temporary building in the Construction Village area of the Project.
FWBC alleges Upton spoke to Bechtel’s Employee Relations Representative at the Project after being escorted to the meeting room and said words to the effect: “The venue is no good” and “I’m going to the Bechtel offices to talk to safety because the venue isn’t safe.”
FWBC alleges Upton was told he could pursue legal options through Fair Work Australia if there were issues with the venue. It is alleged Upton said words to the effect: “That’s the AWU way, we don’t do things that way. We do things the f**king CFMEU way.”
It is alleged Upton was directed to leave the Project at about 10.45am and told his permit ended at 10.30am. It is alleged Upton did not comply with the direction.
On 13 February 2013, Upton allegedly attended the project shortly before 1.50pm to hold discussions with employees and was escorted to a portable building in the ‘Decmil Compound’ area of the Project which was used at the time for right of entry discussions.
FWBC alleges Upton told Monadelphous’ Construction Manager that the meeting room was not fit for purpose and he was going to find somewhere else to have the meeting.
It is alleged the Construction Manager told Upton that the meeting had to be conducted in the right of entry building and if Upton went elsewhere it would be considered trespassing. It is alleged Upton said words to the effect: “I don’t give a f**k. I’m going to find a room more suitable. This room is not fit for purpose.”
FWBC alleges Upton was repeatedly told it would be trespassing if he went elsewhere and despite the instruction he walked away and held the discussions in the wet mess area of the Project.
Media release: Media release - Court fines CFMEU official $24,000 after official racially abuses site-rep Media Backgrounder - CFMEU's Bradley Upton facing court over WA gas project (PDF - 226K) Media Release - CFMEU officer Bradley Upton faces court in FWBC cases (PDF - 166K)