24 October 2024

The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and one of its officials, Stephen Parker, for alleged unlawful conduct at a construction site in Perth.

The legal action relates to alleged improper conduct, hindering or obstruction of workers, and failure to comply with health and safety requirements in November 2023 at the ‘Nine The Esplanade’ project in the Perth CBD, which involved construction of a 19-storey office tower.

The Fair Work Ombudsman investigated after the site’s head contractor, Multiplex, sought assistance from the FWO.

The Fair Work Ombudsman alleges that on 27 November, Mr Parker exercised his right-of-entry permit at the site and informed the site manager that he had safety concerns relating to a tower crane at the site.

It is alleged that Mr Parker then climbed the 50-metre ladder from the base of the tower crane to the crane cabin, despite requests from the site manager not to do so. Mr Parker allegedly remained in the cabin for approximately one hour, during which time the crane ceased operating.

The Fair Work Ombudsman also alleges that on 28 November, Mr Parker exercised his right-of-entry permit at the site and asked for a demonstration of a ‘pre-start check’ of the tower crane generator, which required it to be turned off.

It is alleged that after the demonstration was conducted, Mr Parker stood in front of the generator and obstructed the site manager from re-starting it, saying words to the effect that it was not being turned back on until ‘issues’ were addressed.

Mr Parker allegedly continued to block the generator until a technician arrived to perform routine service and maintenance on the generator, after which it was re-started.

It is alleged that for the approximately two-hour period on 28 November while the generator was turned off and the tower crane was inoperable, it created a safety risk for a number of workers at the site, who were reliant on the crane to lift a rescue cage in the event of an emergency.

The Fair Work Ombudsman alleges that Mr Parker’s conduct breached section 500 of the Fair Work Act, which prohibits acting in an improper manner and/or intentionally hindering or obstructing persons at a work site, and section 499 of the Act, which requires right-of-entry permit holders to comply with occupational health and safety requirements on work sites.

It is alleged that the CFMEU, through Mr Parker, was involved in the breaches.

Acting Fair Work Ombudsman Michael Campbell said all workplace organisations, including unions, must follow the law.

“Union officials are provided rights under industrial laws, which can include certain rights to enter work sites, but they come with related legal obligations to behave in a proper manner and meet health and safety requirements,” Mr Campbell said.

“We expect union officials to follow the law. The CFMEU has an extensive history of non-compliance and as an independent regulator we will take action to deter unlawful conduct.

“Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will continue to investigate reports of non-compliance and hold to account those who act outside the law.”

The FWO is seeking penalties in court in relation to four alleged breaches of the Fair Work Act. Mr Parker faces penalties of up to $18,780 per breach and the CFMEU faces penalties of up to $93,900 per breach.

A directions hearing is listed in the Federal Circuit and Family Court in Perth on 29 November 2024.

The Fair Work Ombudsman has secured total penalties of more than $3 million against the CFMEU and its officials in court cases that have been finalised since they were transferred from the ABCC in December 2022.

All building and construction industry employers and employees can seek sector-specific workplace information, advice and assistance from the Fair Work Ombudsman.

Employers and employees can also visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.