Industry Update

Court summary: new matters

Two new matters have been filed in the courts since the last Industry Update. A summary is below:

First claim of unlawful picketing filed in Court over alleged CFMMEU blockade in Melbourne

The ABCC has commenced the first case alleging contraventions of the new unlawful picketing provisions against the CFMMEU and three of its representatives for an alleged blockade of two Melbourne sites in May 2017.

The ABCC alleges that on 8 May 2017, CFMMEU representatives John Perkovic, Kane Pearson and Mario Raspudic blocked access to the NewCold1 and NewCold2 sites, preventing office staff, subcontractors and workers from entering or leaving the site.

The ABCC alleges the conduct in the case contravenes the unlawful picketing provision of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).

The maximum penalty for a breach of the BCIIP Act is $210,000 for bodies corporate and $42,000 for individuals.

 

CFMMEU officials to face court for alleged right of entry breaches

The ABCC has filed proceedings in the Federal Court in Melbourne against the CFMMEU and two of its officials, James Simpson and Peter Clark, for allegedly breaching right of entry laws at the $222 million Monash Freeway upgrade project in 2017.

It is alleged the CFMMEU officials James Simpson and Peter Clark acted in an improper manner when exercising right of entry on four separate occasions on 29 and 30 April, and on 4 and 9 May 2017.

The maximum penalty for a breach of the Fair Work Act in this case is $54,000 for bodies corporate and $10,800 for individuals.

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