ABCC accuses CFMEU of 46 law breaches
The CFMEU is accused of disrupting work on Victoria’s West Gate tunnel and ignoring instructions from police and WorkSafe.
The building regulator has accused the CFMEU and two officials of committing 46 legal contraventions of workplace laws when they disrupted night work on Victoria’s $6.7 billion West Gate tunnel project, and ignored instructions from police and WorkSafe.
The Australian Building and Construction Commission alleges officials Paul Tzimas and Ron Buckley entered the project, climbed on top of a scaffold deck in an exclusion zone, and refused to leave, despite multiple requests from project management, a WorkSafe Inspector and Victoria Police.
The scaffold deck had been erected to support the installation of five 16 tonne bridge beams. and a section of the West Gate Freeway had been closed from 9.30pm to 4.00am to allow the works to occur.
In its statement of claim, the ABCC alleges the unlawful action occurred over a six-hour period during night works in December 2019.
At 11.30pm two Victoria Police officers arrived at the site, followed by a WorkSafe Inspector at 12.15am.
Mr Tzimas allegedly accused the WorkSafe Inspector of being a “lapdog” of the head contractor.
At 2.20am, the two officials left the site but returned minutes later, claiming additional safety concerns.
Mr Tzimas climbed onto the scaffold deck, and was followed by the WorkSafe inspector and a police officer.
According to the ABCC, the WorkSafe inspector said he did not believe there was an immediate safety risk.
Mr Tzimas: “I don‘t care what you’ve got to say.”
WorkSafe: I‘ve said what I needed to say.
Mr Tzimas: “Right. So why won‘t you conduct the inspection, because you’re corrupt; that’s why.”
The ABCC alleged Mr Buckley later accused Victoria Police of being on the head contractor’s “payroll” and called actions of Victoria Police as “corruption at its finest”.
The union officials left the site at 3am. As a result of the actions of the officials, none of the bridge beams were lifted or landed during the course of the scheduled night works.
The ABCC said the union, Mr Tzimas and Mr Buckley were being pursued for 46 alleged contraventions. The maximum penalty for each contravention of the Fair Work Act 2009 is $63,000 for a body corporate and $12,600 for an individual.