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Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Others
Known as
The DMG Case
Commonwealth Courts Portal reference and link
Applicant
Respondent(s) at time of filing
Date filed
State/Territory
Alleged breach(es) at time of filing
Coercion
Status
Current
Summary at time of filing
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.
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