Industry Update

FWBC courts wrap-up

CFMEU’s National Secretary Dave Noonan facing court after children’s hospital blockade

  •  FWBC is alleging Dave Noonan, Joseph McDonald, Mick Buchan and Tawa Harris organised and controlled a blockade at the $1.2 billion New Children’s Hospital project site in Perth on 18 July 2013.
  • It is alleged the individuals organised the blockade to stop a critical concrete pour in a bid to coerce John Holland to agree to their enterprise agreement demands.
  • By 8:30am on 18 July, approximately 600 people were gathered at the main site entrance.
  • Read more about the case here.


CFMEU organiser Joseph Myles allegedly threatens ‘war’ on major construction site

  • FWBC has commenced proceedings in the Federal Court, alleging that CFMEU organiser Joseph Myles blockaded the Regional Rail Link package B project site because the head contractors refused to employ a CFMEU delegate.
  • FWBC alleges Myles and other CFMEU officials and members used cars to block access to the site on 16 May 2013, when a concrete pour was scheduled.
  • Myles is alleged to have asked a site manager: “Do you want a war or a delegate?” The site manager replied “Nobody wants a war.” Myles allegedly responded “Well if you don’t want to put a delegate on then we will have one. I’ll be back tomorrow to stop the concrete pour.”
  • Read more about the case here.


CFMEU’s McDonald and Buchan halt work at Children’s Hospital in alleged coercion bid

  • FWBC has started proceedings in the Federal Court against the CFMEU, the CFMEUW and its officials Joe McDonald and Mick Buchan for allegedly organising a protest in a bid to coerce John Holland to meet its pay demands.
  • About 200 workers were prevented or discouraged from entering the New Children’s Hospital construction site on 3 May 2013, where about 400 people were protesting.
  • FWBC is alleging Mick Buchan instructed protesters to let John Holland’s Employee Relations Manager onto site but she could not enter because the locks on the main entrance had been glued shut.
  • Read more about the case here.


CFMEU National Construction President David Hanna facing court

  • FWBC is alleging in the Federal Court that the CFMEU’s David Hanna allegedly signed, or authorised the signing of, a notice falsely stating he was a federal permit holder and then used the notice to enter a Darwin building site.
  • Mr Hanna has previously held a permit but it expired more than five years ago, in February 2009.
  • After the alleged incident, the Fair Work Commission (FWC) granted Mr Hanna a Right of Entry permit on 14 August, 2013. A condition of Mr Hanna’s permit is that he notify the FWC if any proceedings are commenced against him which may affect his right to hold a permit.
  • Read more about the case here.

FWBC intervenes in Right of Entry matter involving CFMEU officials Powell and Clark

  • FWBC has intervened in a Magistrate’s Court matter where Health and Safety Representative Brett Curnow is applying for orders requiring his employer, Kane Constructions, to allow Mick Powell and Peter Clark to enter a construction site it controls.
  • On or before 22 May 2014, Curnow requested assistance at the ‘Aquanation’ aquatic centre redevelopment site in Ringwood from CFMEU officials Powell and Clark.
  • Powell is not a Federal Right of Entry permit holder and is therefore not allowed under Right of Entry laws to enter the site. Clark holds a Federal Right of Entry permit but FWBC understands that he did not comply with Federal law that he show his permit upon request.
  • Read more about the case here.


Ex-CFMEU organiser Matthew Balde convicted and fined for obstructing FWBC investigator

  • Former CFMEU organiser Matthew Balde pleaded guilty in the Perth Magistrates Court to obstructing a Commonwealth public official. Balde was subsequently convicted and fined $1000 and ordered to pay costs.
  • Balde was found to have obstructed an FWBC investigator who was attending the $1.2 billion Perth New Children’s Hospital project site to investigate alleged industrial action on 18 July 2013.
  • A police officer approached and repeatedly told Balde to step away. Balde refused and continued to obstruct the government official after he was told he was interfering with him lawfully doing his job.
  • Read more about the case here.

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