Case name
Australian Building and Construction Commissioner v Jade Ingham & Ors
Known as
The Enoggera Barracks Case
Commonwealth Courts Portal reference and link

QUD491/2015

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

CFMEU, Jade Ingham, Kane Pearson, Anthony Kong, 17 others

Date filed
19 June 2015
State/Territory
QLD
Breach(es) found
Coercion, Industrial action, Non-compliance with notices
Status
Finalised
Link to liability and penalty judgement

Australian Building and Construction Commissioner v Ingham (No 2) (The Enoggera Barracks Case) [2018] FCA

Summary of court decision

The ABCC* brought proceedings against the CFMEU and its officials (including Assistant Secretaries Jade Ingham and Kane Pearson) for shutting down two major construction sites in Queensland for a combined 58 days, as part of a prolonged campaign to force the sites’ head contractors into signing an enterprise agreement.

Work stoppages took place over several months in 2013 at two construction sites – the $777 million Enoggera Army Barracks and $60 million QUT Kelvin Grove Campus. The industrial action continued until the head contractor signed the CFMEU enterprise agreement.

Union officials at the QUT site stood in front of cars and prevented workers who wanted to work from accessing the site. They held up signs labelling the workers “gutless grubs” “scabs” “dogs” and “weak as p*ss”.

In his judgment Justice Rangiah said the union's conduct was “deliberate, flagrant and systematic”, with “no evidence of any attempts by the CFMEU to take corrective steps to ensure that [CFMEU officials] and agents comply with the law”.

The Respondents admitted a total of 143 contraventions of the Fair Work Act 2009 comprising:

  • 117 contraventions against 19 individual CFMEU officials;
  • 26 contraventions against the CFMEU.

The contraventions admitted include:

  • unlawful industrial action;
  • breaching a Fair Work Commission order that industrial action cease; and
  • coercion in relation to John Holland entering into a CFMEU approved Enterprise Agreement.

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

Penalities

Penalties awarded against

Penalties awarded

CFMEU

$551,900

Kane Pearson

$37,500

Jade Ingham

$30,000

Mark O’Brien

$22,500

Chad Bragdon

$22,500

Michael Myles

$22,500

Anthony Kong

$21,000

Kevin Griffin

$17,500

Duncan McAllister

$14,000

Andrew Sutherland

$10,500

Dennis Mitchell

$10,500

Aaron Kelly

$10,500

John Cummins

$7,500

Edward Bland

$7,500

Wayne Scobie

$7,000

Mace Griffin

$7,000

Lindsay Stohr

$7,000

Antonio Floro

$3,600

Ryan Whakaruru

$3,500

Benjamin Sheeran

$3500

Total

$817,500

Total penalities

$817,500

Related content
Media release CFMEU and 19 officials penalised $817,500 for “deliberate, flagrant and systematic” campaign in Queensland