ABCC launches first action against construction union under tougher laws

The ABCC has launched its first action against the construction union under the Turnbull government with higher penalties available.

The construction union faces significantly higher penalties. Picture: Andrew Tauber

The building industry regulator has launched its first action against the construction union under Turnbull government legislation that carries significantly higher penalties than were previously available.

The Australian Building and Construction Commission said today it had commenced action alleging contraventions of new unlawful picketing provisions against the union and three of its representatives for an alleged blockade of two Melbourne sites in May last year.

The maximum penalty for a breach of the Building and Construction Industry (Improving Productivity) Act 2016 is $210,000 for bodies corporate and $42,000 for individuals

The ABCC alleges that on May 8 last year, Construction, Forestry, Maritime, Mining and Energy Union representatives John Perkovic, Kane Pearson and Mario Raspudic blocked access to the NewCold1 and NewCold2 sites, preventing office staff, subcontractors and workers from entering or leaving the site.

In a statement of claim filed with the Federal Court, the ABCC alleges that at 5.45am, Mr Perkovic and others blocked access to the NewCold1 site when they stood next to an SUV parked across the entry gate

At about 7.20am, a NewCold director, who was prevented from entering the site, told Mr Perkovic he was hosting a visit from a “potential customer”. Mr Perkovic allegedly replied: “You will need to talk to Kane [Pearson] at the other site [NewCold1]”.

Mr Pearson, Mr Raspudic and others allegedly stood next to an SUV parked across the driveway and restricted access to a number of concrete trucks, subcontractors, office staff and employees of a potential customer.

At about 7.35am a senior project manager at the NewCold1 site was allegedly told by Mr Perkovic that “today is an RDO and as no work permit has been submitted or approved by the CFMEU, works are not permitted on site today.

When the project manager told Mr Perkovic that he was trespassing and asked him to clear the gate area, the ABCC said he denied the request.

Mr Perkovic and others allegedly surrounded the project manager and an industrial manager. One of the group allegedly said: “piss off, we’re here, we’re staying.”