Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors
Known as
Toowoomba Second Range Crossing
Commonwealth Courts Portal reference and link

QUD785/2018

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
  • CFMMEU, Beau Seiffert, Te Aranui Albert, Blake Hynes, Shaun Desmond, Craig Davidson, Justin Steele, Kurt Pauls, Michael Davis
Date filed
State/Territory
QLD
Alleged breach(es) at time of filing
Non-compliance with right of entry laws
Status
Current
Summary at time of filing

Summary updated at 15 June 2021

The ABCC commenced proceedings in the Federal Court against the CFMMEU and eight of its officials after they allegedly entered the Toowoomba Second Range Crossing Project unlawfully.

CFMMEU officials Beau Seiffert, Te Aranui Albert, Blake Hynes, Shaun Desmond, Craig Davidson and Justin Steele are alleged to have unlawfully entered the site on several occasions between 30 April 2018 and 2 May 2018. The officials refused to show their federal entry permits when asked to do so.

CFMMEU officials Kurt Pauls and Michael Davis, who do not hold valid entry permits, are alleged to have entered the site in contravention of the Fair Work Act.

In a statement of claim filed in the Federal Court in Brisbane and amended on 15 June 2021, the ABCC alleges:

  • On 30 April 2018, Mr Pauls and Mr Seiffert attended the site at around 11am and refused to produce their entry permits when asked on several occasions. The HR Manager told both officials they were not permitted to enter the site unless they produced their permits. 
  • Both officials subsequently entered and walked around parts of the site and refused several requests by the HR Manager to leave the site.
  • On 1 May 2018, at about 8.30am Mr Pauls, Mr Seiffert, Mr Albert and Mr Hynes attended the site and refused to produce their entry permits when asked. 
  • Each of the officials subsequently entered and walked around parts of the site and refused requests made by site representatives to leave the site.
  • On 2 May 2018, Mr Pauls, Mr Hynes, Mr Desmond, Mr Davidson, Mr Steele and Mr Davis attended the site at about 8am and refused to produce their entry permits on several occasions.
  • Each of the officials subsequently entered the site and walked around parts of the site and refused requests made by a site representative to leave the site.
  • Mr Desmond, Mr Davis, Mr Davidson, Mr Steele, Mr Pauls and Mr Hynes subsequently returned to the site in the afternoon.  Each of the officials entered and walked around parts of the site and refused requests made by a site representative to leave the site.

 

The ABCC alleges the conduct in this case contravenes right of entry provisions in the Fair Work Act.

Historical content

7 Nov 2018 - Eight CFMMEU officials allegedly breach right of entry laws at Toowoomba Second Range Crossing project