25 July 2014FWBC alleges unlawful industrial action at new Royal Adelaide Hospital site

Director of Fair Work Building Industry Inspectorate v Jacobus Mekx and Others

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

  1. FWBC has launched proceedings against 23 workers in the Federal Court of Australia.
  2. The 23 respondents were working on the Royal Adelaide Hospital project at North Terrace, Adelaide, South Australia.
  3. Hansen Yuncken Pty Ltd and Leighton Contractors Pty Ltd were the head contractors.
  4. The 23 respondents were employees of either Hansen Yuncken or Leighton Contractors.
  5. Fair Work Commission approved an enterprise agreement for Hansen Yuncken and their employees on 29 November 2012, which had a nominal expiry date of 6 December 2016.
  6. Fair Work Commission approved an enterprise agreement for Leighton Contractors and their employees on 24 November 2011, which had a nominal expiry date of 1 May 2015.
  7. FWBC alleges that on 25 June 2013.  each of the 12 employees of Hansen Yuncken and 11 employees of Leighton Contractors had stopped work and left the site; and/or failed or refused to attend for work at the Site in the afternoon; and/or failed or refused to perform any work at all at the Site on the afternoon of 25 June, 2013. FWBC alleges that this constituted industrial action.
  8. FWBC alleges that the 23 employees engaged in unlawful industrial action by not attending work after the enterprise agreement was approved and before its nominal expiry date and have therefore contravened s417 of the Fair Work Act 2009.
  9. The maximum penalty for each contravention of the Fair Work Act in this matter is $10,200 for an individual. FWBC is alleging each employee contravened one section of the Fair Work Act.
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