court action against cfmeu

AN OFFICIAL with the militant CFMEU threatened “war” on the $4.1 billion Regional Rail Link project, the industry watchdog says.

Fair Work Building and Construction has begun Federal Court action against the CFMEU and its official, Joseph Myles, over a blockade on May 16 last year.

In a statement of claim, it says Mr Myles repeatedly demanded that there be a CFMEU delegate on Footscray section of the rail project.

A site manager said there was no need because there was already an Australian Workers Union delegate.

It says in the court documents that as a result, Mr Myles and other CFMEU officials blocked the access of Boral trucks to the site and disrupted a concrete pour.

When the site manager asked what was happening, Mr Myles is alleged to have said “We’ve lost our keys and are waiting for the RACV.”

According to the documents, Mr Myles later said something to the effect of: “Do you want a war or a delegate?” and that when the site manager replied “Nobody wants a war”, Mr Myles replied: “Well, if you don’t want to put a delegate on, then we will have one. I’ll be back tomorrow to stop the concrete pour.”

FWBC director Nigel Hadgkiss said coercive behaviour was a scourge on Australia’s construction industry.

“We will not hesitate to bring people and organisations before the courts where it appears they have broken workplace laws on building sites,” Mr Hadgkiss said.

The maximum fine for an individual is $10,200 and $51,000 for a union.

Contacted yesterday, the CFMEU said it did not wish to comment.

Mr Myles has been involved in multiple incidents at the regional rail project, and is currently banned from entering work sites.

In February, he was arrested for trespassing.

He has also been involved in industrial disputes in South Australia, and was recently fined almost $5000 for his part in delaying a Queensland construction project.

The new FWBC claims are due to be heard at the Federal Court on June 13.

Earlier this year, a demarcation dispute or “turf war” between the AWU and CFMEU at a $400 million wind farm project in Gippsland resulted in site shutdowns and an assault.

A bigger dispute in 2009, over work at the West Gate Bridge upgrade, saw violent confrontations and resulted in unions being fined a total of $1.3 million.

http://www.heraldsun.com.au/news/victoria/construction-watchdog-takes-court-action-against-cfmeu/story-fni0fit3-1226935056023