August 2013 Industry Update

New court cases in QLD and SA

FWBC has filed legal proceedings in Queensland and South Australia in recent weeks, alleging that unions orchestrated unlawful strikes, motivated by industrial issues.

In the Queensland case, Director of the Fair Work Building Industry Inspectorate v CFMEU & CEPU, FWBC alleges that  that the CFMEU and CEPU were involved in unlawful strike action taken by workers on the Queensland Children’s Hospital, Brisbane Convention and Exhibition Centre and Queensland Institute of Medical Research construction projects on 24, 25 and 26 May 2011.

The workers’ actions were allegedly motivated by a campaign of the CFMEU and the CEPU against sham contracting; and/or were intended to disrupt the performance of work on the respective sites.

FWBC alleges the CFMEU and CEPU each breached s38 of the Building and Construction Industry Improvement Act 2005.

In the South Australian case, Director of the Fair Work Building Industry Inspectorate v CFMEU & McDermott, FWBC alleges that the CFMEU and CFMEU SA Assistant Secretary Michael McDermott attempted to coerce a subcontractor on the Harris Scarfe site in Adelaide to reinstate a former employee.

FWBC filed proceedings on 9 July 2013, alleging that Mr McDermott directed workers to go on strike in protest against the former employee losing his job.

FWBC alleges the CFMEU and Mr McDermott breached s355 of the Fair Work Act 2009.

Further information

Media backgrounder - Director of the Fair Work Building Industry Inspectorate v CFMEU & CEPU

Media backgrounder – Director of the Fair Work Building Industry Inspectorate v CFMEU & McDermott

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