Note: Allegations outlined in the ABCC’s media releases relating to the commencement of litigation reflect those put forward in our Statement of Claim at the time of filing. Some details may vary over the course of the proceeding. Please refer to the legal case summary.
The ABCC’s allegations against Dean Reilly, Blake Kirby and Mark Travers have been discontinued
The ABCC has filed Federal Court proceedings against the CFMMEU and nine of its officials over several alleged contraventions that occurred on the redevelopment site of Terminal 1 at Adelaide Airport in 2019.
The ABCC alleges that CFMMEU officials attended the site on six separate occasions, refused to comply with requests to produce their right of entry permits, made a number of threatening and offensive statements and disrupted work on site.
The CFMMEU officials are:
- Adrian Lee McManus
- Anthony Patrick Sloane
- Alex Tadic
- Dean Lesley Rielly
- Clarence Joseph Fellowes
- Blake Kirby
- Mark Alan Travers
- Te Aranui Jock Martin Albert
- Desmond Taivairanga Savage
In its statement of claim filed in the Federal Court, the ABCC alleges:
- On 3 April 2019, McManus, Tadic and Sloane attended the site, refused to comply with a request to produce their right of entry permits and made misrepresentations to the site management regarding workplace rights, and their right to enter site.
- On 23 May 2019, Rielly and Fellowes attended the site, refused to produce their right of entry permits, failed to report to the site office, made misrepresentations to the site management regarding workplace rights and their right to enter site and failed to comply with reasonable OHS directions.
- On 24 May 2019, Rielly, Fellowes, McManus and Kirby attended the site, refused to produce their right of entry permits, failed to report to the site office and failed to comply with reasonable OHS directions.
- On 28 May 2019, Travers, Fellowes and a third unknown official attended the site and falsely gave the impression that Travers was authorised to exercise a State OHS right to access the site when he did not hold this authority.
- On 19 June 2019, Savage and Albert attended the site and demanded the site manager “shut the site down now” due to what he believed was a breach of the Work Health and Safety Act, despite there being no evidence of any serious or imminent risk to any worker on the site at the time.
- On 20 June 2019, Savage and Albert attended the site again and made a number of threatening and abusive remarks to and about the site manager, to the effect of:
“F**k with us and we will f**k with you”
“F**k you, you piece of s**t… piece of s**t, piece of f**king s**t”
“Go do your colouring books, you c**t”
“He (the site manager) is a piece of s**t”
The ABCC alleges the CFMMEU officials’ conduct on 3 April 2019, 23, 24 and 28 May 2019 at the Adelaide Airport 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. The ABCC is seeking personal payment orders to be awarded against each of the nine officials.