Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union and Ors
Known as
Monash Freeway Upgrade
Commonwealth Courts Portal reference and link

VID496/2018

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, James Simpson, Peter Clark
Date filed
30 April 2018
State/Territory
VIC
Alleged breach(es) at time of filing
Non-compliance with right of entry laws
Status
Current
Summary at time of filing

The ABCC commenced proceedings against the CFMMEU and its two officials James Simpson and Peter Clark alleging that they acted in an improper manner at the Monash Freeway upgrade project on four separate occasions in April and May 2017.

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

  • During an overnight crane lift over the Eumemmering Creek on 29 and 30 April 2017, Mr Simpson entered the site without wearing the required personal protective equipment (PPE) for night works on the project, including white reflective overalls.
  • Various site employees told Mr Simpson that he was not wearing the required personal protective equipment and requested that he leave the site. Mr Simpson refused to do so, and remained on site.
  • When the site Safety Advisor told Mr Simpson “You can’t be onsite. You are not wearing the correct PPE”, Mr Simpson replied “I don’t have to”.
  • When the Industrial Relations Manager of the project told Mr Simpson that if he did not leave, the police would be called, Mr Simpson said “I don’t care”.
  • While on the site, Mr Simpson jumped over protective barriers onto the freeway and walked through an area of live construction works, despite being told that it was unsafe to be on the site without the appropriate personal protective equipment.
  • On 4 May 2017, Mr Clark attended the project exercising entry rights. After the site Superintendent took a photo of Mr Clark’s entry permit, Mr Clark pushed the Superintendent’s right shoulder, grabbed his mobile phone out of his hand and threw it on the ground.
  • On 9 May 2017, Mr Simpson entered the project exercising entry rights. When Mr Simpson tried to enter another area of the site, the Industrial Relations Manager told Mr Simpson that he had to stop as he was not authorised to enter that area. Mr Simpson pushed the Manager aside three times and continued walking through the site.

The ABCC alleges the conduct in this case is a breach of right of entry provisions under the Fair Work Act.

Related content

CFMMEU officials to face court for alleged right of entry breaches

Current ABCC case URL

Australian Building and Construction Commissioner v CFMMEU and ORS