CFMEU pair ‘prevented’ concrete pour, building watchdog alleges

Building watchdog takes fresh court action against union officials for allegedly wasting 11 cubic metres of concrete, denying workers wages and overtime.

Two CFMEU officials allegedly prevented a concrete pour from taking place in NSW.

The Australian Building and Construction Commission has taken new court action against the CFMEU and two officials, alleging the union duo prevented a concrete pour on a Pacific Highway upgrade project in northern New South Wales.

In a statement of claim released on Thursday, the ABCC alleged the conduct of Dean Rielly and Paul Fitzpatrick resulted in 11 cubic metres of concrete being wasted and workers losing two hours of overtime and wages.

The ABCC claims Mr Rielly and Mr Fitzpatrick refused a request to sign a task hazard review card used to record safety measures and personnel present in the work area. The officials allegedly positioned themselves behind the concrete truck in an exclusion zone.

When a leading hand asked them to move, Mr Rielly allegedly replied: “No, we’re not going to move. We’re going to stand here. We can fine you $10,000 and it’s a $50,000 company fine for obstructing union officials and denying them access to a work area.”

According to the ABCC, a site engineer told the union pair that “we’re not here to obstruct you. We are merely requesting that you move to a safe location so the relevant persons can address your issues.”

The concrete pour had to be abandoned and the concrete disposed of. The ABCC claims the two officials then approached a number of workers to try to sign them up to the union.

The ABCC alleges both officials and the CFMEU breached the Fair Work Act by intentionally hindering and obstructing and acting in an improper manner.

The maximum available penalty for each contravention of the Fair Work Act in this case is $63,000 for a body corporate and $12,600 for an individual.