CFMMEU launches legal action against prominent Adelaide developer, claiming union officials were ‘intimidated and threatened’
The construction union claims officials were unlawfully blocked when attempting to investigate safety concerns at the Frome St building site where Adelaide’s tallest tower is being erected.
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The construction union has launched legal action against a prominent Adelaide developer, claiming officials were unlawfully denied entry to a major CBD building site and “intimidated and threatened” at the site, which will soon become home to the city’s tallest building.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) claims two of its organisers were told to “f--k off” and had their entry notices ripped up by a site manager at Kyren Group’s $100 million Adelaidean project, following attempts to investigate safety concerns at the Frome St site.
In a statement of claim filed in the Federal Court, the CFMMEU says concerns were raised after the officials witnessed workers installing window facades without harnesses, and leaning over the edge of the building while trying to manoeuvre glass panes.
An altercation is alleged to have taken place at the nearby Amalfi restaurant, where Kyren site manager Donald McCondichie — a second respondent in the court action — asked the union officials what they were doing at the site.
When one said they were seeking entry to the site under health and safety laws, Mr McCondichie is alleged to have responded “no you’re bloody not”, calling the officials “interstate union thugs” and saying “that’s not the way we do things around here”.
The union claims Mr McCondichie later told the officials to “f--k off”, that “he had the safest site in Adelaide”, and to instead investigate a nearby apartments site, before ripping up their entry notices and putting them in his pocket.
Tensions continued the next day, according to the union, which says Mr McCondichie again refused entry before Kyren managing director Theo Samaras intervened to allow the officials to enter the site.
The incident in January followed a period of internal upheaval at the CFMMEU, with fears a new regime will result in more militant action on SA construction sites.
Interstate influence in the local branch has escalated since early 2017, when Victorian union boss John Setka sent an email to high-ranking officials in which he described his SA colleagues as “weak c--ts” and “bludging f--kers”.
The tensions between local union officials and their interstate counterparts culminated in the ousting of former state secretary Aaron Cartledge just six months before the incident at the Kyren site.
In their defence, Kyren and Mr McCondichie argue they were the ones “intimidated and threatened” by the union officials, accusing them of refusing to provide specific details of their safety concerns.
They claim one official refused to produce his entry permits, saying “you don’t need to f--king see it”, before shouting at Mr McCondichie and calling him a “f--king c--t”.
The union is seeking penalties against Kyren for allegedly restricting its right of entry and breaching picketing laws introduced in 2016.
CFMMEU SA branch secretary Andrew Sutherland said union officials were expected to enter work sites when concerns around safety were raised.
“Allowing any person or company to illegally restrict or block our organisers from rightfully entering site to represent our members would undermine the important work the CFMMEU does in workplace safety,” he said.
“Our officials are expected to operate under specific right of entry laws, we expect the same from others.”
The parties will engage in mediation in the Federal Court ahead of the next court appearance on November 22. Kyren declined to comment on the matter.
The Adelaidean — comprising a new Crowne Plaza hotel and apartments — will be completed early next year.