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


Australian Building and Construction Commissioner
  • CFMEU, Jade Ingham, Kane Pearson, Anthony Kong, 17 others
Date filed
Breach(es) found
Coercion, Industrial action, Non-compliance with notices
Date finalised
Link to liability and penalty judgment

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, as part of a prolonged campaign to force the sites’ head contractors into signing an enterprise agreement.

Work stoppages took place in March, August, October and November 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.


Penalties awarded against

Penalties awarded



Kane Pearson


Jade Ingham


Mark O’Brien


Chad Bragdon


Michael Myles


Anthony Kong


Kevin Griffin


Duncan McAllister


Andrew Sutherland


Dennis Mitchell


Aaron Kelly


John Cummins


Edward Bland


Wayne Scobie


Mace Griffin


Lindsay Stohr


Antonio Floro


Ryan Whakaruru


Benjamin Sheeran




Total Penalties


Historical content

9 Mar 2018 - CFMEU and 19 officials penalised $817,500 for “deliberate, flagrant and systematic” campaign in Queensland