20 February 2014FWBC lodges against 76 employees for unlawful industrial action

Backgrounder

Director of the Fair Work Building Industry Inspectorate v Mr Scott Adams 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 76 workers in the Federal Court of Australia.
     
  2. The 76 respondents were working on the New Children’s Hospital project at Hospital Drive, Nedlands, Western Australia.
     
  3. John Holland Pty Ltd was the head contractor and sub-contracted Crown Construction Services Pty Ltd to perform work at the site.
     
  4. The 76 respondents were Crown Construction Services Pty Ltd employees.
     
  5. Fair Work Commission approved an enterprise agreement for the sub-contractor and its employees on 13 September 2012, which had a nominal expiry date of 31 October 2014.
     
  6. On 19 February 2013, the Fair Work Commission ordered that employees not engage or threaten to engage in industrial action at the site for six months.
     
  7. FWBC alleges that on 28 February 2013, each of the 76 employees had left the site, had not shown up or refused to perform any work from 7.30 am. FWBC alleges that this constituted industrial action.
     
  8. FWBC alleges that the 76 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. FWBC also alleges that the 76 employees contravened the order by the Fair Work Commission to not engage in industrial action for six months and are therefore in breach of s421 of the Fair Work Act 2009.
     
  10. A directions hearing is scheduled for 28 March 2014.
     
  11. 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.
PDF icon Backgrounder - FWBC lodges against 76 employees for unlawful industrial action.pdf