Bill Shorten won’t publicly back CFMEU suing Victoria Police and builder McConnell Dowell for $4m

Opposition Leader Bill Shorten has refused to publicly back CFMEU moves to sue Victoria Police and building giant McConnell Dowell for $4 million over a work site dispute.

Bill Shorten has refused to publicly back militant construction union, the CFMEU, as it sues Victoria Police and building giant McConnell Dowell for $4 million, alleging its officials were “unlawfully” blocked from inspecting a work site.

The union claims its officials were unlawfully blocked from inspecting a Laverton level-crossing removal site.

The lawsuit, believed to be the first in which a union has sought penalties against the publicly funded police force over a workplace safety matter, lobs a grenade into Labor leader Bill Shorten’s federal election campaign and also creates a nightmare scenario for the state Labor government.

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Speaking ahead of a leaders debate in Perth today, Mr Shorten would not buy into the issue.

“That’s going to be a matter between them and the police. I don’t know anything about it,” he said, adding that “no one’s above the law”.

“Not the CFMMEU, not their officials, nor the banks,” he said, adding: “Always remember that our friend the current Prime Minister voted 26 times to cover up the banks’ behaviour, voted 26 times against the banking royal commission.”

The CFMEU is separately demanding that the state government probe the “guidance and relationship” between the Victoria Police hierarchy and the Australian Building and Construction Commission.

CFMEU officials allege they faced an “unlawful picket” last month while inspecting safety concerns at the site, where 70-tonne concrete beams were placed over operational rail lines.

They say WorkSafe inspectors backed their concerns, but their ­officials were locked out by the company and police.

In documents filed in the Federal Court last week, Gordon Legal, for the union, alleges workplace rules were breached 67 times by McConnell Dowell and 13 times by police.

More than $222,000 is being sought from police and $3.8 million from McConnell Dowell.

The union says that one of its officials was made to stand outside the site “like a dog”.

CFMEU officials allege they faced an “unlawful picket” last month while inspecting safety concerns. Picture Glenn Hampson

One McConnell Dowell representative is alleged to have pointed to police and said he had the “firepower” to keep the union out, and the right of entry permit of one official is alleged to have been revoked after he began filming with a mobile phone.

The CFMEU’s assistant secretary, Elias Spernovasilis, accused police of taking advice during the incident from the “anti-union” Australian Building and Construction Commission.

He said: “It is outrageous that on a Victorian government project Victoria Police are taking instructions from the ABCC and a multinational company which puts profit before workers’ safety.”

The Herald Sun has contacted Victoria Police for a response, and was unable to contact McConnell Dowell yesterday.

Police have previously said they were called to Laverton to deal with a breach of the peace, and while union staff weren’t prevented from entering the site, two were asked to leave.

The lawsuit, lobs a grenade into Labor leader Bill Shorten’s federal election campaign. Picture Kym Smith

Gordon Legal said the case was believed to be the first of its type in Australia in which a union is seeking penalties against police in a workplace safety matter.

McConnell Dowell has previously taken action against the union.

The Federal Court recently ordered the CFMEU to cough up $250,000 for illegal blockades at a level-crossing removal site.

Tensions have also simmered between the union and police chiefs since union leaders John Setka and Shaun Reardon were arrested in front of their families on blackmail charges that were later dropped by prosecutors.

Federal Labor has strong links with the CFMEU, and the timing of the lawsuit, less than three weeks before the federal election, is awkward for the party.

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