FWBC alleges unlawful industrial action on Perth’s New Children’s Hospital

FWBC has launched proceedings against 76 workers for allegedly taking unlawful industrial action on the New Children’s Hospital site in Perth.

The project will provide 298 beds dedicated to the care of children and state of the art facilities to support families.

FWBC alleges that the employees of a sub-contractor on the $1.2 billion project ignored an order by the Fair Work Commission to not take industrial action.

On 28 February 2013, the 76 employees took action through leaving work, not coming to work or refusing to do work while on the site.

FWBC Director Nigel Hadgkiss said investigating unlawful industrial action on Australian construction sites was one of the agency’s regulatory priorities.

“FWBC will investigate these allegations and others like them,” Mr Hadgkiss said. “We will bring matters of unlawful industrial action before the court wherever necessary.”

FWBC alleges that employees were in breach of the Fair Work Act 2009 by engaging in industrial action before the enterprise bargaining agreement expired and breaching the terms of an order issued by the Fair Work Commission not to engage in industrial action.

A directions hearing is scheduled for 28 March 2014.

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 two sections of the Fair Work Act.

More details are available in the media backgrounder here.

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