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Master Builders Senior Adviser – Safety, Constracts & Workplace Relations, Rebecca Sostarko sheds some light on court proceedings involving two former CFMEU officials turned whistleblowers
In a somewhat unusual case, a two-week adverse action hearing commenced in the Federal Court this week in response to claims by former NSW CFMMEU organisers Andrew Quirk and Brian (Jock) Miller. The pair appeared on the ABC’s 7:30 Report in October 2014 alleging that the federal union was involved with serious criminals and that it was embroiled in corruption. The television appearance subsequently resulted in them being dismissed for what the union described as “gross misbehaviour”.
The two ex-officials claim that they were subjected to adverse action on the part of their former employer and that its constitution is “oppressive unreasonable or unjust” and discriminates against members of the CFMMEU on the basis of their political opinion.
The proceedings are set to conclude on March 20 and can be followed via the following link – https://www.comcourts.gov.au/file/Federal/P/NSD1344/2017/actions.
Meanwhile, this week saw the ABCC take court action against a sub-contractor over an unlawful picket at the Perth-based building site known as ‘Skypark’ in June and August 2019.
The ABCC has alleged that the picketers prevented workers accessing the site, intimidated subcontractors and were abusive towards the director of the head contractor.
The ABCC alleges that the conduct in the case contravened the unlawful picketing provision of the BCIIP Act, which if made out, would attract a penalty of $210,000 for a body corporate and $42,000 for an individual.
The two ex-officials claim that they were subjected to adverse action on the part of their former employer and that its constitution is “oppressive unreasonable or unjust” and discriminates against members of the CFMMEU on the basis of their political opinion.