ABCC’s pre-poll strike on building union

ABCC seeks hundreds of thousands of dollars in fines against CFMEU, senior NSW officials.

Darren Greenfield is one of four NSW officials the ABCC want penalised. Picture: AAP.

The Coalition’s building regulator is seeking heavy financial penalties be awarded against the construction union, personal fines imposed on four NSW officials and compensation paid to a crane company allegedly subject to unlawful pickets and coercive tactics by the union.

The timing of the announcement by the Australian Building and Construction Commission during the election campaign is controversial, particularly as the agency is seeking personal payment orders against officials and relying on little-used unlawful picket provisions introduced by the Turnbull government in 2016.

Labor has vowed to scrap the agency if it wins the election.

The ABCC said it had 47 court proceedings under way and if the agency is abolished, more than 24 cases where liability is undetermined are likely to be dropped or form part of a global settlement.

In a statement of claim filed in the Federal Court, the ABCC alleges the Construction Forestry Maritime Mining and Energy Union set up pickets and issued threats to coerce Botany Cranes to sign up to a union agreement and reinstate a union delegate.

In refusing to sign the EBA, Botany Cranes claimed the agreement would threaten the financial viability of the company.

The CFMEU officials subject to the ABCC proceedings include its NSW state secretary Darren Greenfield, NSW president Rita Mallia and two assistant secretaries, Robert Kera and Michael Greenfield. They are exposed to fines of up to $42,000 each.

The ABCC claims Darren Greenfield told the company’s managing director: “We are going to get our way here. You got a good business, you don’t want to f . . k it. Just agree with everything in the EBA and let’s move on.

“You don’t want your blokes offsite, equipment damaged, cranes wrecked when in the end it’s going to be our way”

During a picket on January 25 this year, police were required to assist Botany Cranes’s staff to enter and leave the premises.

On January 31 this year, following the pickets, Michael Greenfield is alleged to have told a Botany Cranes representative: “If I were you, I’d f . . kin’ sign it (the EBA). You haven’t seen anywhere near bad yet. See what happened to WGC and Boom Logistics, and they had money — what do you think will happen to you?”

Dave Noonan, the national secretary of the union’s construction division, said the officials denied making the comments and the allegations were part of a pre-election campaign by the ABCC to try to undermine the CFMEU. “The allegations about the comments are complete garbage and have clearly been fabricated by the ABCC in an attempt to discredit the union during the federal election campaign,’’ he said.

Mr Noonan said the ABCC had initiated at least 11 proceedings against the union since January.

“It’s clear the ABCC is trying to initiate as many prosecutions as possible in order to stack the decks in the run-up to the federal election,’’ he said.

“They are cranking it up.”

He said the workers had taken protected industrial action during the dispute with Botany Cranes and the delegate was reinstated.

The ABCC is alleging the CFMEU contravened sections of the Building and Construction Industry (Improving Productivity) Act 2016 that carry a maximum penalty for each contravention of $210,000 for a body corporate and $42,000 for an individual.

The ABCC is also seeking an order for compensation and interest payable to Botany Cranes.