Case name
Australian Building and Construction Commissioner v John Windus & Ors
Known as
Doubletree Hilton
Commonwealth Courts Portal reference and link

WAD185/2019

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMMEU
Date filed
State/Territory
WA
Alleged breach(es)
Non-compliance with right of entry laws
Status
Current
Summary

The ABCC is engaged in legal proceedings in the Federal Court against the CFMMEU alleging that CFMMEU officials, John Windus and Stephen Parker, behaved in an improper manner while exercising right of entry at a Perth construction site in February 2019.

The ABCC alleges the unlawful conduct occurred at the Doubletree Hilton construction site on 15 February 2019 when Mr Windus and Mr Parker exercised their rights to enter site as Federal permit holders to investigate a safety issue.

It is alleged that the officials did not acknowledge or comply with requests from the safety supervisor to follow him to the location of the alleged safety issue at the site and instead walked in the opposite direction.

The ABCC also alleges Mr Windus exchanged with the safety supervisor, in the presence of Mr Parker, words to the following effect:

Windus: “This is on the walk way, do some housekeeping.”

Supervisor: “This is not a walk way but I will clean it up once my boys come back from lunch. This is a contractor’s materials.” 

Windus: “You pick this up or I’ll stand here all day.”

Supervisor:  “I’m not meant to do this, I’ll get my boys to pick it up when they get back from lunch and some are on traffic duty.”

Mr Windus is alleged to have then made a further complaint to the safety supervisor about the materials on the floor and in doing so made reference to “third world”, and used foul language in the presence of the safety supervisor during the site visit.

The ABCC is alleging the CFMMEU, through the conduct of its officials, contravened section 500 of the Fair Work Act.

The maximum penalty per contravention is $63,000 for a body corporate.

Historical content

9 Apr 2019 - ABCC alleges CFMMEU official racially abused safety supervisor