Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors
Known as
250 East Terrace Apartments
Commonwealth Courts Portal reference and link

SAD136/2020

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMMEU
  • Andrew Sutherland
  • Andrew Sneath
  • Core-Form Pty Ltd
Date filed
State/Territory
SA
Alleged breach(es)
Unlawful picketing
Status
Current
Summary

The ABCC has filed an amended statement of claim in Federal Court proceedings alleging the CFMMEU and its state secretary, together with SA company Core-Form Pty Ltd and one of its directors unlawfully picketed the $27 million East Terrace apartments building site in Adelaide.

The respondents in this matter are:

  • CFMMEU
  • Andrew Sutherland, South Australian Secretary of the CFMMEU
  • Core-Form Pty Ltd
  • Andrew Sneath, Director of Core-Form

The ABCC alleges on 16 October 2019, a group of 20 to 30 people, including the four CFMMEU officials, unlawfully picketed the site, with several picketers wearing CFMMEU clothing and waving CFMMEU flags shouting ‘pay your bills’, ‘what do we want? Bills Paid! When do we want it? Now!’, ‘Sell your Porsche’, ‘Sell the car’, ‘Grub’ and ‘grubby-grub-grub'.

It is alleged the unlawful picket was motivated by a commercial dispute between the head contractor and Core-Form Pty Ltd in relation to work performed at the site.

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

  • The picketers harassed people seeking entry to the site, including a female employee of the head contractor, with the picketers saying to her ‘where’s your boots?’ ‘Where’s your hard hat?’, ‘get off site’ and ‘where is your safety boots?’
  • The lawyer of the head contractor had her vehicle obstructed by the picketers, who mobbed the car while she attempted to move it.
  • The picketers held union branded flags and signs, while many of them shouted insults at the head contractor and its workers.
  • Upon hearing the South Australian Police had been telephoned, the picketers disbanded and left the site.

The ABCC alleges the respondent’s conduct contravened section 47 of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act). The maximum penalty for each contravention of the BCIIP Act is $210,000 for a body corporate and $42,000 for an individual.

Historical content

29 Sep 2020 - ABCC takes action over unlawful picket at Adelaide site