Construction company BGC illegally blocked union officials from Perth site

A construction company which pushed for the ABCC illegally hindered officials from entering a Perth project, a judge rules.

Union officials were illegally hindered from a construction site, a judge has ruled. Picture: Jerad Williams

Construction company BGC, which campaigned with Michaelia Cash in support of the Australian Building and Construction Commission, broke the law by hindering two union officials from entering a Perth project.

A second company, Geocon, which also appeared at a televised press conference with Malcolm Turnbull and Senator Cash to back the ABCC, has reached a confidential settlement with the construction union.

The Construction, Forestry, Maritime Mining and Energy Union alleged its officials had been unlawfully hindered from entering a Geocon project in the Australian Capital Territory.

Before the 2016 federal election, Senator Cash held a press conference with a BGC director Julian Ambrose where they both argued in support of the ABCC legislation. It was the same site where the Federal Circuit Court found the breach of the Fair Work Act occurred.

Mr Turnbull and Senator Cash also held a press conference at a Geocon site in the ACT to promote the ABCC bill.

Judge Christopher Kendall found on Wednesday that BGC employee, Brian Carlton, contravened the Fair Work Act by intentionally hindering or obstructing CFMMEU officials Douglas Heath and Peter Joshua from exercising their legal right to meet employees on a Perth building project.

In October 2015, Mr Heath and Mr Joshua were met by Mr Carlton at the site office. After spending five minutes inspecting their permits and explaining conditions of entry, Mr Carlton escorted them to a meeting room.

The duo found the meeting room unsuitable and told Mr Carlton they wanted to use the crib room, where workers spent their meal breaks or other breaks.

Mr Carlton told them they would have to go to reception with him to get instructions about their request. He left them for 15 minutes and made telephone calls before being told they could use the crib room. The meeting was conducted with workers.

Judge Kendall said Mr Carlton’s actions made the exercise of the union duo’s rights more difficult and appreciably interfered with the exercise of those rights. He said the fact they were eventually able to talk to employees was irrelevant.

“Mr Carlton was aware that by not permitting the permit holders to attend the crib room and by directing them to go to the foyer area he was preventing them from having discussions with any employees present in the crib room — a request that had been specifically put to him,’’ he said.

“His words and acts were intentional. The fact that he may have done so with the best of intentions (a finding not made by the Court here) is an irrelevance for the purpose of s section 502 of the Act.”

He said the company submissions, if accepted, would “allow people who hinder or obstruct permit holders to escape liability by simply claiming ignorance of the law or by suggesting that they hindered or obstructed for some non-malevolent motive.”

Dave Noonan, national secretary of the union’s construction division, said the union had reached a confidential settlement with Geocon after taking legal action alleging the company hindered and obstructed its right of entry in the Australian Capital Territory.

“The two star employers that Michaelia Cash and Malcolm Turnbull have used to support the case for the Australian Building and Construction Commission are both law breakers. It seems that Malcolm Turnbull and Michaelia Cash are more than happy to appear on camera and accept donations from companies that break the law. What a pair of hypocrites.”

“It’s hypocritical because they say they Labor Party should not accept donations from unions who breach the Fair Work Act but they accept donations from employers who breach the Act.”

Mick Buchan, the union’s Western Australian construction division secretary claimed BGC had “shown contempt for the law and contempt for the role of unions such as ours to address members and issues they might have”.

“It is well known that BGC is a major donor of the WA Liberal Party,’’ he said. “It is ironic that WA Liberal senator Michaelia Cash launched her legislation for the reintroduction of the ABCC on a BGC site with their managing director Julian Ambrose at the outset of the last federal election.

“Companies that show such a blatant disregard of the law and the rights of its employees should not receive one cent of taxpayers money in construction contracts.”

A Geocon spokeswoman tonight denied the union claim.

“We are not law-breakers, the union is just plain wrong,’’ she said. “As Australia’s fastest-growing residential high-rise developer with almost $2 billion worth of projects underway, we welcome visits from the Prime Minister of Australia regardless of which political party they belong to.”

She said “very modest donations have been made to local politicians (and) political parties including both Liberal and Labor. These are a matter of public record.”