Perth Children’s Hospital

Australian Building and Construction Commissioner v Construction, Forestry, Mining & Energy Union & Ors Perth Children’s Hospital

WAD16/2014

Australian Building and Construction Commissioner

CFMEU, Joseph Mc Donald, Michael Buchan, Steven McCann, Bradley Upton, Patrick Heathcote, Tawa Harris

29 January 2014 WA Adverse action Finalised

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens’ Hospital Contraventions Case) [2017] FCA 491

The ABCC* commenced proceedings in the Federal Court of Australia against the CFMEU and officials: Joseph McDonald, Michael Buchan, Steven McCann, Bradley Upton, Patrick Heathcote and Tawa Harris. The ABCC alleged the respondents took coercive and adverse action on the new Perth Children’s Hospital construction site in January 2013.

The ABCC alleged that CFMEU officials attended the site and blocked the entrance in a way calculated to deter workers from attending for work on 25 January 2013 and 30 January 2013. It was alleged that the unions’ intention was to coerce John Holland to agree to certain of its demands.

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

Penalties awarded against	Penalties awarded
CFMEU	$88,500
Joseph McDonald	$6,500
Tawa Harris	$5,500
Michael Buchan	$5,000
Brad Upton	$3,500
Steve McCann	$2,500
Pat Heathcote	$2,500
Total	$114,000

$114,000

Court penalises CFMEU leaders in $277,000 Perth Children’s Hospital decision