Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor
Known as
Springvale Level Crossing Removal
Commonwealth Courts Portal reference and link

VID195/2016

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, Joseph Myles
Date filed
4 March 2016
State/Territory
VIC
Alleged breach(es) at time of filing
Industrial action
Status
Current
Summary at time of filing

The ABCC* commenced proceedings against the CFMEU and Victorian CFMEU official Joseph Myles over allegations he repeatedly breached workplace laws at the Springvale Level Crossing Removal between 19 June 2013 and 1 April 2014.

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

  • On 19 June 2013 Mr Myles threatened to orchestrate blockades of the site if the head contractor engaged a particular subcontractor on site. Mr Myles is alleged to have said he was “on a mission to get (subcontractor)” and “there will be pickets outside the gates if they’re on this job”.
  • On 6 February 2014 Mr Myles arranged for approximately 40 workers to remain in the sheds and not begin work. The work ban was only lifted after the head contractor agreed to put workers through a CFMEU run manual handling course. Mr Myles is alleged to have rejected alternative training courses that were suggested.
  • On 13 February 2014 Mr Myles entered the site and organised an unauthorised work ban by arranging for four employees to abandon their shifts.
  • Later on 13 February 2014, Mr Myles re-entered the worksite and refused to produce a right-of-entry permit. Mr Myles is alleged to have said “I haven’t got any ID, I’m not leaving site, why don’t call the police? I would love that”. Protective Services Officers later attended the site, at which point Mr Myles left the premises.
  • On 19 March 2014 Mr Myles entered the site and failed to comply with a request to produce a right-of-entry permit. When the site superindendent said “I’ve heard your permit’s expired”, Mr Myles allegedly responded by saying “that’s right”.
  • On 1 April 2014 Mr Myles again obtained access to the site without holding a current right-of-entry permit.

The ABCC alleges the conduct in the case constitute breaches of the coercion, right of entry and unlawful industrial action provisions of the Fair Work Act.

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

Current ABCC case URL

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor