ABCC pursues CFMMEU and officials for ROE breaches
The building industry watchdog, the ABCC, has commenced legal action against the CFMMEU and two of its Queensland organisers for alleged contraventions of the right of entry provisions at the Central Energy Plant Towers Upgrade in South Brisbane, dating back to November 2020.
The allegations include that the officers repeatedly refused to comply with site sign-in requirements, site health and safety, and COVID-19 requirements. It is separately alleged that one of the officers verbally abused a site manager.
In the statement of claim filed by the ABCC with the Federal Court, it is alleged:
On November 2020, one of the officers directed workers to cease work when he had no power to do so;
He refused the request from the site manager to leave the site;
Both officers continued to walk across the site and refused instructions to wait at the gate until WHSQ arrived;
One of the officers repeatedly abused the site manager; and
Both officers refused to sign in or comply with COVID-19 requirements for the site.
If it is found that the officers contravened the Fair Work Act 2009, the union will be liable for a maximum fine of $66,600 and the officials, $13,320.
For questions about unions, right of entry, safety, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to firstname.lastname@example.org
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.