The Australian Building & Construction Commission has commenced legal proceedings against the Construction, Forestry, Maritime, Mining and Energy Union and three of its officers, including WA state secretary Michael Buchan.
The Australian Building & Construction Commission has commenced legal proceedings against the Construction Forestry Maritime Mining and Energy Union and three of its officers, including WA state secretary Mick Buchan.
The ABCC alleges the CFMMEU organised unlawful industrial action across three Perth Airport rail sites and were involved in a picket at the head contractor’s office.
Mr Buchan, assistant state secretary Graham Pallot and union organiser Walter Molina are alleged to have organised unlawful industrial action on December 10 last year at sites that form part of the Forrestfield to Perth Airport rail project.
It is further alleged that 44 employees of the head contractor engaged in unlawful industrial action across the sites.
In its statement of claim filed in the Federal Court in Perth, the ABCC’s allegations include that Mr Buchan, Mr Pallot, Mr Molina and 11 employees picketed the contractor’s head office where they parked vehicles at the carpark entrance, banged on the office windows and barricaded the front door.
The ABCC alleges the conduct in this case contravenes the Building and Construction Industry Act 2016 and the Fair Work Act 2009.
The maximum penalty per contravention of the Building and Construction Industry Act in this case is $210,000 for a corporate body and $42,000 for an individual.
The maximum penalty per contravention of the Fair Work Act in this case is $63,000 for a corporate body and $12,600 for an individual.