The ABCC has commenced Federal Circuit Court action alleging the CEPU and its official Daniel Bessell acted in an improper manner and failed to comply with site occupational health and safety requirements during a visit to a Buddina construction site in Queensland in July 2018.
The ABCC is alleging while attending the six storey residential and commercial development Mr Bessell refused a request that he be accompanied by the project manager and health, safety and environment adviser.
At the time Mr Bessell, while unaccompanied, entered an exclusion zone, which had been demarcated for truck deliveries and where loading and unloading of heavy equipment was carried out by crane.
Mr Bessell also refused several police requests to leave the site.
In its Statement of Claim the ABCC is alleging Mr Bessell:
- refused requests to be accompanied by representatives of the head contractor when he inspected the electrical distribution board
- refused a request of the health, safety and environment adviser that he not enter the exclusion zone where large trucks were operating and refused a request of the project manager to accompany them back to the muster point and then offsite
- refused a request of the project manager to remain at the muster area and not walk off unaccompanied; and
- failed to comply with several requests from Queensland police to leave the site.
The ABCC alleges Mr Bessell’s conduct on 3 July 2018 at the Hedge Project site contravenes the right of entry provisions in the Fair Work Act 2009.
The maximum penalty for each contravention of the Fair Work Act is $63,000 for a body corporate and $12,600 for an individual.