Case name
Australian Building and Construction Commissioner v Jade Ingham & Ors
Known as
WATPAC 180
Commonwealth Courts Portal reference and link

QUD388/2016

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, Kevin Griffin, Michael Myles, Andrew Sutherland, Chad Bragdon
Date filed
31 May 2016
State/Territory
QLD
Breach(es) found
Industrial action
Status
Current
Link to liability judgment

Australian Building and Construction Commissioner v Ingham (The 180 Brisbane Construction Case) [2019] FCA 1052

Summary of court decision

The ABCC* commenced proceedings in the Federal Court against the CFMMEU and its officials for allegedly organising unlawful work stoppages and breaching right of entry provisions at the ‘180 Brisbane’ office tower construction site.

On 9 July 2019, the Federal Court found CFMMEU official Chad Bragdon organised industrial action when on 17 July 2014. 

The Court also found CFMMEU officials Michael Myles, Kevin Griffin, Andrew Sutherland and Chad Bragdon contravened right of entry provisions in the Fair Work Act.

The Court concluded:

  • Mr Myles on 27 June 2014 did not provide an entry notice or sign the visitor's register. When advised by site management that he could not enter the site without providing note, Mr Myles used offensive language and said the head contractor could “go and get f—cked”.
  • Mr Griffin on 1 July and 2014 and 4 July 2014, failed to give the required notice prior to entry, did not provide an entry notice or sign the visitor's register as required by Watpac's Site Safety Protocols thereby contravening section 500 of the Fair Work Act.
  • Mr Sutherland on 7 July 2014, acted improperly when he entered the site and failed to give the required notice prior to doing so. Mr Sutherland did not provide an entry notice or sign the visitor's register as required by Watpac's Site Safety Protocols thereby contravening section 500 of the Fair Work Act.
  • Mr Bragdon on 17 July 2014, intentionally hindered or obstructed Watpac when he organised a work stoppage after state WHS inspectors arrived at the site to inspect a complaint about site access. Despite the WHS inspectors finding the access to be adequate, workers who participated in the stop-work action failed to return to work. Mr Bragdon was also found to have acted improperly when he failed to give the required notice prior to entering the site, and did not provide an entry notice or sign the visitor register as required by Watpac's Site Safety Protocols.

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