Case name
Australian Building and Construction Commissioner v CEPU
Known as
Southpoint A Site
Commonwealth Courts Portal reference and link

QUD222/2019

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CEPU
Date filed
State/Territory
QLD
Alleged Breach(es)
  • Unlawful industrial action
Status
Current
Summary

The ABCC commenced proceedings against the CEPU alleging that it organised unlawful industrial action at a site in Brisbane.

The ABCC is alleging that the contraventions occurred at the Southpoint A site in Brisbane, when the CEPU’s then organiser, Mr Andrew Blakeley, organised unlawful industrial action with the aim of pressuring a plumbing subcontractor to remove a project manager from the site.

It is alleged that 25 Southpoint A employees engaged in unlawful industrial action.

In its statement of claim filed in the Federal Court in Brisbane, the ABCC is alleging:

  • On 30 November 2017, Mr Blakeley sent the head contractor’s site manager an entry notice.
  • The following day, Mr Blakeley attended a meeting with the Southpoint A employees prior to their starting work at 6.30am. At the meeting, employees voted to not commence work until the project manager was removed from the site.
  • The Southpoint A employees returned to work later that morning after being informed the project manager was no longer on site.

The ABCC is pursuing a contravention of the unlawful industrial action provision in the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).

The maximum penalty per contravention under the BCIIP Act is $210,000 for a body corporate and $42,000 for an individual.

Historical content

10 Apr 2019 - CEPU to face court for alleged coercion and work stoppage on a Brisbane site