- Unlawful industrial action
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.