Case name
Australian Building and Construction Commissioner v Jason Bray & Ors
Known as
Commonwealth Courts Portal reference and link


Australian Building and Construction Commissioner
Respondent(s) at time of filing
66 respondents
Date filed
Alleged breach(es) at time of filing
Industrial action
Summary at time of filing

The ABCC commenced proceedings on 17 July 2019 in the Federal Court alleging 66 employees of various subcontractors and a labour hire company on a Fortitude Valley site engaged in unlawful industrial action.

The ABCC is alleging the work stoppage took place on 11 September 2018 after two CFMMEU officials met with in excess of 100 employees at the FV1 – Stage 2 Project, located on Brunswick Street, Fortitude Valley. The project involved the construction of around 267 residential apartments and 50 short-term units.

In its statement of claim, the ABCC alleges that:

  • between 6.30am and 6.45am on 11 September 2018, two CFMMEU officials met with more than 100 employees who were scheduled to work on site that day.
  • at the conclusion of the meeting, 66 employees did not return to work and instead left the site for the remainder of the day.

The ABCC alleges the conduct in this case contravenes the unlawful industrial action provisions in the Building and Construction Industry (Improving Productivity) Act 2016.

Historical content

22 Jul 2020 - ABCC takes action after mass walk-off on Fortitude Valley site