Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, Energy Union & Ors
Known as
Logan Enhancement Project
Commonwealth Courts Portal reference and link

QUD194/2020

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

The ABCC commenced proceedings on 20 July 2020 in the Federal Court of Australia against the CFMMEU and six of its officials alleging multiple right of entry contraventions at the Logan and Gateway motorways extension site in Brisbane.

The ABCC alleges CFMMEU officials attended the site on four separate days, refused reasonable requests to produce their right of entry permits and refused to leave site when requested.

The CFMMEU officials in question are:

  1. Mr Beau Seiffert
  2. Mr Te Aranui Albert
  3. Mr Blake Hynes
  4. Mr Shaun Desmond
  5. Mr Anthony Harding
  6. Mr Craig Davidson

In its amended statement of claim filed in the Federal Court on 16 July 2021 the ABCC alleges:

  • On Tuesday 15 May 2018, Mr Seiffert failed to produce his entry permit when requested, walked around the site and ignored requests from site managers to leave the work site.
  • On Friday 18 May 2018, Mr Seiffert refused reasonable requests to produce his right of entry permit, walked around the site and remained on site after being asked to leave and told: “you are trespassing, I will call the police”.
  • On Wednesday 13 June 2018, Mr Seiffert, Mr Albert and Mr Hynes refused reasonable requests to produce their right of entry permits, walked around the site, including approaching a work area where two excavators were in operation and remained on site after being asked to leave.
  • On Thursday 14 June 2018, all six CFMMEU officials attended the site at varying times of the day and refused reasonable requests to produce their right of entry permits. The officials proceeded to enter and walk around the site, including Mr Hynes who walked down a haul road.  Mr Davidson was told “you are trespassing and you need to leave”. Due to Mr Desmond’s presence on a particular part of the site, site management directed all plant in that area to stop operating, including a roller, excavator and truck. All six CFMMEU officials remained on site after being asked to leave. 

The ABCC alleges the CFMMEU officials’ conduct on 15 and 18 May, as well as 13 and 14 June 2018 at the Logan and Gateway motorways extension site contravenes section 500 of the Fair Work Act 2009.

The maximum available penalty for each contravention of the Fair Work Act in this case is $63,000 for a body corporate and $12,600 for an individual. The ABCC is seeking pecuniary penalties against each of the six officials and personal payment orders to be awarded against Mr Seiffert, Mr Albert, Mr Hynes and Mr Desmond.

A personal payment order is a court order that requires the pecuniary penalty imposed on an individual respondent to be personally paid by that individual.

Historical content

07 Jul 2020 - ABCC alleges CFMMEU officials breach right of entry at Brisbane construction site