March 2014 Industry Update

FWBC courts wrap-up

FWBC has been busy getting matters into the courts since the last Industry Update.

 

NEW CASES FILED WITH THE COURTS

CFMEU official facing court after allegedly claiming to be Steve Irwin

-          A CFMEU official, Anthony Kong, allegedly entered a New South Wales work site and falsely said he was Steve Irwin.

-          Kong and fellow union organiser Chad Anthony Bragdon entered the $17.4 million site in Mascot and allegedly told workers to stop work.

-          FWBC alleges the men did not show their federal Right of Entry permits and did not have the appropriate NSW work health and safety permits.

-          It is alleged the men, who said they were on the site for work health and safety purposes, were not authorised to direct people to stop work.

-          Read more about this case here.

 

CFMEU facing court for alleged action at Brisbane homeless accommodation project

-          A Queensland government supportive housing project for long-term homeless people was disrupted for seven days.

-          FWBC is alleging the actions of five CFMEU officers were intended to coerce head contractor Grocon to sign an enterprise agreement.

-          It is alleged gate padlocks were super-glued shut, cars were parked to block the entrance and that a CFMEU officer told a subbie he would be “committing industrial suicide” if he brought his workers on site.

-          Read more about this case here.

 

CFMEU taken to the Federal Court over alleged action at Bald Hills Wind Farm site

-          It is alleged blockades occurred at the $400 million Bald Hills Wind Farm construction site in South East Victoria on one day in February and three days in March.

-          Workers were prevented from entering the site to perform work and it is alleged truck deliveries were stopped because of the blockade.

-          FWBC alleges that by blockading the site, the CFMEU was interfering and preventing work being performed on the site.

-          On 2 April, the CFMEU gave the court an undertaking it would not disrupt work at the site .

-          Read more about this case here.

 

SA CFMEU officials face court for right of entry conduct

-          FWBC alleges that a physical confrontation occurred on the CBus project on Flinders Street, Adelaide and that CFMEU officials forced their way on site.

-          FWBC sought an urgent hearing in the Federal Court to ensure similar conduct did not happen again

-          The court granted an injunction requiring five CFMEU officials and all other SA CFMEU Construction and General Division officials to strictly comply with Right of Entry requirements

-          FWBC’s case against the union for allegedly hindering and obstructing site personnel is continuing.

 

CASE FINALISED

Union and officials penalised for hindering work on Brisbane construction site

-          The CFMEU and three union officials were penalised a total $38,500 for hindering, obstructing and acting in an improper manner on a Brisbane construction site.

-          CFMEU Assistant Secretary Kane Pearson penalised $4,950

-          CFMEU official Joseph Myles penalised $4,950

-          CFMEU official Shane Treadaway penalised $2,200

-          The CFMEU will have to pay $26,400 in penalties.

-          The officials entered the city building site to investigate alleged safety concerns, however Shane Treadaway walked around the site with an EFTPOS machine.

-          Read more about the case here.

 

ONGOING MATTER

FWBC seizes cars and houses from workers who haven’t paid penalties

-          In September last year, 117 workers who took industrial action at a West Australian building site were ordered to pay penalties totalling $1,068,00.

-          As at 2 April 2014, 33 workers were yet to make any payment and $196,375 was outstanding

-          FWBC has filed and served search and seizure orders which includes seizure of cars and houses

-          Director Nigel Hadgkiss said: “This is a warning to all workers that if they breach workplace laws, FWBC will not hesitate to enforce penalties imposed by the courts

-          You can read more about the case here.

 

Did you know…?

Did you know that it is not up to FWBC to penalise people, businesses or unions? That is up to the courts. FWBC can take matters to court, but it is up to the court to decide if penalties should be imposed.

 

We value your feedback on our Industry Update. Provide feedback or tell us what you would like in your update by contacting Sarah Mennie on 03 8509 3097 or Sarah.Mennie [at] fwbc.gov.au

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