The Construction, Forestry, Mining & Energy Union (CFMEU) is in Federal Court for alleged law-breaking on five construction sites in Adelaide.
Victorian CFMEU official Derek Christopher allegedly used his elbow and shoulder to push a project manager away from a doorway that provided access to the main building at the Quest South Apartments project site.
FWBC is also alleging that on the same site on the same day – 5 May 2014 - CFMEU official James O’Connor coerced the Quest South Apartments project manager to let him and CFMEU organisers Michael McDermott, Derek Christopher and Luke Stephenson speak to workers on the site.
FWBC is alleging CFMEU officials broke the law on four other Adelaide construction sites, including the Adelaide High School redevelopment project and the Minda Homes Master Plan Stage 1 project.
Union officials who are right-of-entry permit holders can enter construction sites to hold discussions with their members provided they follow right-of-entry laws, including giving 24 hours’ notice and showing the appropriate federal permits. In these matters, FWBC alleges that the union failed to comply with these requirements.
At the Art Apartments site on 5 May 2014, when asked to leave the site because he and fellow officials had not provided the proper permits, the CFMEU’s Michael McDermott told the head contractor’s director: “You know we are going to do whatever we want to do”.
At the Minda Homes site on 28 April 2014, FWBC alleges that CFMEU official David Bolton said: “We don’t need a notice”, when asked if he and fellow official Michael Huddy had provided an entry notice.
FWBC Director Nigel Hadgkiss said all visitors to construction sites need to obey the law. “Everyone on a construction site needs to follow the law whether they are a union official, worker or employer,” he said.
The maximum penalties available to the court in this case are AU$10,200 for an individual and AU$51,000 for a corporation, including a union.
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