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Australian construction union faces five charges in court

16 Jan 15 The Australian government’s Fair Work Building & Construction (FWBC) department has launched five Federal Court cases against a construction union and seven of its officials.

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 鈥 5 May 2014 - CFMEU official James O鈥機onnor 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鈥 notice and showing the appropriate federal permits. In these matters, FWBC alleges that the union failed to comply with these requirements.

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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鈥檚 Michael McDermott told the head contractor鈥檚 director: 鈥淵ou know we are going to do whatever we want to do鈥.

At the Minda Homes site on 28 April 2014, FWBC alleges that CFMEU official David Bolton said: 鈥淲e don鈥檛 need a notice鈥, 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. 鈥淓veryone on a construction site needs to follow the law whether they are a union official, worker or employer,鈥 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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