October 2014 Industry Update

FWBC courts wrap-up

Here is an update of matters lodged in the courts in October:

 

NEW CASES FILED WITH THE COURTS

 

CFMEU Organiser allegedly failed to disclose criminal past

  • FWBC has lodged an application before the Fair Work Commission seeking the revocation of a CFMEU organiser’s right of entry permit on the grounds that he failed to disclose his criminal history at the time his permit was issued.
  • It is alleged that Mr Luke Collier was convicted of recklessly causing injury and criminal damage in 2003, failing to comply with a community based order in 2005, and theft and going equipped to steal in 2007.
  • FWBC contends as a result of his alleged criminal convictions and failure to disclose them, Mr Collier cannot be deemed a fit and proper person under the Fair Work Act.
  • FWBC Director Nigel Hadgkiss said “Mr Collier’s failure to comply with a Community Based Order in relation to his 2003 conviction demonstrates a disregard for authority.”
  • Read more about the case here.

 

CFMEU official threatened “Armageddon” over new Royal Adelaide Hospital site

  • FWBC has filed legal proceedings in the Adelaide Federal Court against the CFMEU, its SA Secretary Aaron Cartledge and Assistant Secretary Michael McDermott.
  • It is alleged that Mr Cartledge and Mr McDermott threatened to organise industrial action at the Royal Adelaide Hospital project if the Head Contractor sought to enforce a Fair Work Commission order that required employees to not take industrial action.
  • FWBC alleges that Mr McDermott said “if you try anything there will be Armageddon” and Mr Cartledge said “all hell will break loose and we will take this national.”
  • FWBC alleges that these threats contravene the Fair Work Act because they were intended to coerce the contractors to not enforce their workplace rights.
  • FWBC Director Nigel Hadgkiss said “employers who obtain orders from the Fair Work Commission should be able to rely on them and not be subject to threats and intimidation.”
  • Read more about the case here.

 

 FWBC takes action against employer, union and workers

  • FWBC has launched proceedings in the Federal Circuit Court alleging workers on a South Brisbane construction site stopped work after a visit by State government officials.
  • FWBC filed proceedings against 51 employees of various contractors for unlawful industrial action, two CFMEU organisers and the CFMEU for organising the industrial action, as well as Hutchinson Builders for paying workers while they were on strike.It is alleged Hutchinson Builders representatives were told “if they [the government officials] step foot on any of your projects, we will be there within five minutes flat and we will be stopping the job and that’s a nationwide directive from the top.”
  • FWBC also alleges Hutchinson Builders paid their 14 employees on the basis that they had worked as scheduled without deducting four hours pay.
  • FWBC Director Nigel Hadgkiss said this example showed that “FWBC is prepared to take on employers as well as unions and individuals.”
  • Read more about the case here.

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