Case name
Australian Building and Construction Commissioner v Roland Cummins & Anor
Known as
Cairns Performing Arts Centre
Commonwealth Courts Portal reference and link

BRG1307/2018

Applicant
Australian Building and Construction Commission
Respondent(s) at time of filing
CFMMEU, Roland Cummins
Date filed
19-Dec-2018
State/Territory
QLD
Alleged breach(es) at time of filing
Non-compliance with right of entry laws
Status
Current
Summary at time of filing

The ABCC has commenced legal proceedings against the CFMMEU and one of its Queensland officials, Roland Cummins, after he allegedly called a Queensland Work Health and Safety officer a “f****ing dog” during a disagreement at the Cairns Performing Arts Centre.

The ABCC alleges Mr Cummins and the CFMMEU contravened section 500 of the Fair Work Act by acting in an improper manner and hindering and obstructing a Queensland WHS Inspector from undertaking his lawful duties.

The Statement of Claim filed by the ABCC alleges that:

  • Queensland WHS officers attended site on 4 April 2018 to investigate an alleged safety breach
  • In the course of attempting to undertake their investigation, a WHS officer was hindered and obstructed from performing his duties. 
  • Mr Cummins approached the officer, put his face a matter of centimetres away from the WHS officer and repeatedly shouted “You’re a f ***ing dog”.

The ABCC alleges the conduct in this case contravenes right of entry provisions in the Fair Work Act. The maximum penalty for a breach of the Fair Work Act in this case is $63,000 for bodies corporate and $12,600 for individuals.

Related content

Media release - QLD Work Health & Safety officer allegedly called f***ing dog by CFMMEU official during site entry