In reaching a settlement with the Australian Building and Construction Commission, the CFMEU and Washington admitted to contravening the Building and Construction Industry Improvement Act 2005, by engaging in unlawful industrial action. The unlawful conduct occurred in October 2006 at the Melbourne Recital Hall and the Melbourne Theatre Company construction project at Southbank, Victoria.
In an agreed statement of facts, the parties submitted that Washington and the CFMEU, held an unauthorised stop-work meeting with four employees of a crane contractor, on the Bovis Lend Lease project. After the meeting Washington placed a work-ban on crane installation work there.
In his judgement Justice Marshall found “the contraventions of the Act were deliberate, being designed to pressure entry into a collective agreement and to address health and safety concerns.”
The court imposed penalties of $10,000 on the CFMEU and $5000 on Washington. The parties had agreed that these levels of penalty were appropriate.
ABC commissioner John Lloyd, said the penalties act as a reminder to industry, of the consequences of engaging in unlawful conduct. “Unlawful conduct will not be tolerated. The ABCC will pursue those who engage in such conduct and hold them accountable. It is disappointing that this significant Victorian construction project was delayed by unlawful industrial action taken by the union and a senior official.”
