Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors
Known as
Aldi Supermarket blockade
Commonwealth Courts Portal reference and link

VID458/2016

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, Drew MacDonald, John Duggan
Date filed
11 May 2016
State/Territory
VIC
Alleged breach(es) at time of filing
Coercion
Status
Current
Summary at time of filing

The *ABCC commenced proceedings in the Federal Court against the CFMEU and two of its officials alleging that they blockaded a Melbourne building site in an attempt to force a construction company to sign up to an enterprise agreement with the union.

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

  • On the morning of 5 December 2014, CFMMEU official Drew MacDonald parked a vehicle across the entrance to the Aldi Supermarket construction site in Altona, saying to the site manager, “no panels going up today”.
  • Mr MacDonald, CFMEU official John Duggan and others who were not working on the site then stood around the vehicle and a second vehicle that had been parked across the entrance, preventing access by trucks carrying construction equipment and materials to the site. As a result, no building work was able to take place that day. The Victorian Police were called to the site to monitor the situation and ensure it did not escalate.
  • Mr MacDonald returned to the site on the morning of 8 December 2014 and again blockaded the entrance with a vehicle, preventing any building work from occurring on the site for a second day.
  • These actions followed a number of representations made by Mr MacDonald to the construction company in November 2014, requesting that they make an enterprise agreement with the CFMEU. When the company refused, Mr MacDonald said “I wish you good luck ’cause there will be trouble.”
  • The blockade also followed several representations made by Mr Duggan to a subcontractor engaged by the construction company, demanding that the subcontractor refuse to carry out work on the site on the basis that the head contractor did not have an enterprise agreement with the CFMEU.

The ABCC alleges the conduct in the case is a breach of the adverse action and coercion provisions of the Fair Work Act.

*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.

Current ABCC case URL

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors