The DMG Case

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Others The DMG Case

SYG332/2016

Australian Building and Construction Commissioner CFMEU, CFMEU (NSW branch), Luke Collier, Darren Greenfield, Michael Greenfield, Robert Kera, Rita Mallia, Salvatore Manna, Francis O’Grady, Brian Parker, Tony Sloane, Martin Wyer, Michael O’Connor 15 February 2016 NSW Coercion Current

The ABCC* commenced proceedings in the Federal Circuit Court of Australia against the CFMEU and 11 of its officials, including NSW State Secretary Brian Parker, for allegedly running an orchestrated campaign of unlawful blockades and work disruptions targeting a Sydney concrete pumping firm.

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

• The officials arranged or assisted in arranging a blockade of the Barangaroo project in Sydney from 14-17 February 2015 and also prevented the concrete pumping firm from performing work at Harold Park on 16 and 17 February 2015.
• The dispute arose when the concrete pumping firm rejected the CFMEU’s proposed Enterprise Agreement. As a result, the firm’s employees undertook protected industrial action. However, the CFMEU and the firm’s employees then proceeded to prevent subcontractors engaged by the concrete pumping firm from carrying out their lawful work.
• Workers trying to enter the sites were verbally abused and called ‘f*cking scabs’ and ‘filthy dogs’.
• Mr Parker used his vehicle to block access to a concrete pump on the Harold Park site.

The ABCC alleges that the above behaviour constitutes adverse action and/or coercion under the Fair Work Act 2009.

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

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors [2016] FCCA 1569 (28 June 2016) Interlocutory Judgment – Application for Discovery by 12th Respondent in Application for Costs

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors [No. 3] [2018] FCCA 34 (12 January 2018) Interlocutory Judgment – Application to set aside subpoenas

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors [No. 4] [2018] FCCA 192 (5 February 2018) Judgment on 12th Respondent’s Application for Costs

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Others