Legal proceedings against the CFMMEU and one of its Queensland officials have commenced as the Australian Building and Construction Commission (ABCC) continues to actively investigate and prosecute breaches of Australian workplace law.

The ABCC alleges Queensland CFMMEU official Roland Cummins called a Queensland Work Health and Safety officer a “f****ing dog” during a disagreement at the $71 million Cairns Performing Arts Centre redevelopment.

The ABCC alleges Mr Cummins and the CFMMEU contravened section 500 of the Fair Work Act by acting in an improper manner and hindering and obstructing a Queensland WHS Inspector from undertaking his lawful duties.

The ABCC is seeking a personal payment order against Mr Cummins over the incident.  If successful, a personal payment order would prevent Mr Cummins from seeking or accepting funds from the CFMMEU to pay the penalty imposed on him.

The maximum penalty in this case is $63,000 for a body corporate and $12,600 for an individual.

It comes as the CFMMEU and two of its officials face court action for allegedly acting in an aggressive and threatening manner and calling subcontractor Enco’s general manager a “f…ing, dog, c..t” during a site entry in Brisbane last year.

The ABCC alleges CFMMEU official Blake Hynes acted in an improper manner while exercising right of entry at the Logan Enhancement Project in August 2018 and that another CFMMEU official Beau Seiffert aided and abetted the conduct.

The ABCC alleges the conduct in this case contravenes right of entry provisions in the Fair Work Act. The maximum penalty for a breach of the Fair Work Act in this case is $63,000 for bodies corporate and $12,600 for individuals.

Supporting compliance with workplace laws

These cases are further examples of why it is crucial the ABCC remains in place to ensure building and construction industry participants’ compliance with Australia’s workplace laws.

As a consistent supporter of the ABCC since it was first recommended by the Cole Royal Commission in 2003, AREEA recently provided input into a review of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act), reiterating industry’s support for the regulator’s retention.

Further, AREEA continues to support the passage of the “Ensuring Integrity Bill“, which contains various measures seeking to lift the standards, behaviours and transparency of all registered organisations including trade unions and registered employer groups.

For more information contact [email protected]

ABCC’s compliance milestone

The Australian Building and Construction Commission has reached a major milestone assessing 5000 enterprise agreements for compliance with the Code for the Tendering and Performance of Building Work 2016 since its establishment in December 2016.

Building and construction businesses wanting to tender for Commonwealth funded work are required to comply with the 2016 Code, which is focused on ensuring building work is carried out fairly, efficiently and productively for the benefit of workers, employers and the national economy.

The 2016 Code came into effect on 2 December 2016 and sets out the Commonwealth Government’s expected standards of conduct for all building industry participants working on Commonwealth funded building projects.

Along with promoting an improved workplace relations framework, the Code is also instrumental in protecting freedom of association for workers ensuring they are not subject to discrimination and that they are able to choose whether or not to join a union free from coercion.

Since becoming responsible for assessing draft and registered agreements at the end of 2016 average turnaround times have decreased from 11 weeks to just two weeks.

For further information about the code or for assistance visit the ABCC’s website at www.abcc.gov.au, or call the hotline on 1800 003 338.