CFMEU launches legal action with Cross River Rail contractors

The CFMEU has taken the three joint partners of the Cross River Rail project to court over claims its members were illegally refused access to the sites.

The four sites the union was attempting to gain access to where Roma St, Woolloongabba, Albert St and Boggo Rd. Picture: David Clark

The militant construction union has accused the three joint venture partners responsible for construction of the Cross River Rail of illegally refusing to allow access to four sites across Brisbane, and making illegal demands of union representatives.

In a claim filed in the Federal Circuit and Family Court of Australia on Tuesday, the Construction Forestry and Maritime Employees Union alleges the lead contractors and joint venture partners CPB Contractors Pty Ltd, Ghella Pty Ltd and UGL Engineering Pty Ltd should pay fines for breaking the law several times in September and November.

The union alleges that the joint venture partners demanded union permit holders demanded they give the joint venture partners the names of subcontractors they wished to speak to before they would be allowed on site.

The four sites the union was trying to gain access to were at Roma Street station, in Woolloongabba, at Albert St in the city and Boggo Rd.

The claim alleges union staff tried to enter the Albert St site and Boggo Rd on September 26, but were blocked, and tried to enter Roma St and Wooloongabba on September 27, but each time were blocked.

The Cross River Rail work site at Woolloongabba. Picture: Lyndon Mechielsen

They also allege they were finally allowed to enter the Roma St construction site on November 19, a day after they were asked by a CPB manager to “not enter certain crib sheds” and to hold meetings with workers in “training rooms” and not in usual smoko and meal break rooms.

Ultimately the meeting was held in the Roma St smoko room, but the union argued that without their knowledge CPB told staff “not to use” the break room while the union staffers were on site.

The union alleges that demands made by CPB “intentionally hindered or obstructed” union officials ability to exercise their rights to check compliance with workplace safety laws, and “unduly delayed” their entry onto the site.

On November 20, the union went to Bogo Rd and were allegedly denied access to the site for nearly an hour, then it alleges CPB “directed” staff not to use the smoko room where the union met with workers.

The union, which is currently under the control of national CFMEU administrator Mark Irving KC, was asked to give CPB Contractors Pty Ltd staff the names of the subcontractors they would like to visit.

The union alleges the CPB’s demand that the union give it the names of the subcontractors whose members they wished to talk to was “not a reasonable request” to comply with workplace safety requirements under federal workplace laws.

It alleges the demand for names showed the joint venture partners “intentionally hindered or obstructed” union staff from their legal right to talk with construction workers on site.

Shannon Moody, counsel for CPB Contractors Pty Ltd, told the court that the union had named some of the wrong parties to the joint venture and should correct its legal claim to name UGL Rail Services Pty Ltd instead of UGL Engineering and BAM International Pty should be added.

Ms Moody told the court that the CFMEU was effectively the prosecutor of her client as part of civil penalty proceedings.

The case, before Judge Gregory Egan, returns to court on December 5, where the union is seeking an injunction stopping the joint venture partners from refusing union officials entry on the grounds that they have not given a list of contractors they want to speak with.

The case is in its early stages and the joint venture partners are not yet required to file a defence to the claims.