Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union and Ors
Known as
NewCold 1 and 2
Commonwealth Courts Portal reference and link

VID515/2018

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, John Perkovic, Kane Pearson, Mario Raspudic
Date filed
4 May 2018
State/Territory
VIC
Alleged breach(es) at time of filing
Unlawful picketing
Status
Current
Summary at time of filing

The ABCC commenced proceedings against the CFMMEU and three of its representatives, John Perkovic, Kane Pearson and Mario Raspudic, for an alleged blockade of two Melbourne sites in May 2017.

The ABCC alleges that on 8 May 2017 the three representatives blocked access to the NewCold1 and NewCold2 sites, preventing office staff, subcontractors and workers from entering or leaving the site.

In a statement of claim filed with the Federal Court, the ABCC alleges:

  • On 8 May 2017, at about 5.45am, Mr Perkovic and others blocked access to the NewCold1 site when they stood next to an SUV parked across the entry gate.
  • At about 7.20am, a NewCold director was prevented from entering the site. He told Mr Perkovic he was hosting a visit from a “potential customer” at NewCold2 and Mr Perkovic replied with words to the effect “You will need to talk to Kane [Pearson] at the other site [NewCold1]”.
  • At around this time at NewCold 2, Mr Pearson, Mr Raspudic and others stood next to an SUV parked across the driveway and restricted access to a number of concrete trucks, subcontractors, office staff and representatives of a potential customer.
  • At about 7.35am, a senior project manager at the NewCold1 site had a conversation with Mr Perkovic to the effect:

Perkovic: Today is an RDO and as no work permit has been submitted or approved by the CFMEU works are not permitted on site today.

  • When the project manager told Mr Perkovic that he was trespassing and requested that he clear the gate area to permit access, Mr Perkovic denied the request.
  • Mr Perkovic and others then surrounded the project manager and an industrial manager. Mr Perkovic then said “P*ss off, we’re here, we’re staying.

The ABCC alleges the conduct in the case contravenes the unlawful picketing provision of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).

Related content

Media release - First claim of unlawful picketing filed in Court over alleged CFMMEU blockade in Melbourne

Current ABCC case URL

Australian Building and Construction Commissioner v CFMMEU and ORS