CFMEU charges in three states

The Australian Building and Construction Commission has launched court action against the building union in three states.

ABCC commissioner Stephen McBurney in Canberra. Picture: Kym Smith

The Australian Building and Construction Commission has launched court action against the construction union in three states and intends to keep filing legal proceedings after Scott Morrison calls the federal election­.

The ABCC commissioner, Steph­en McBurney, said the agency had so far secured $3.29 million in penalties against the Construction Forestry Maritime Mining and Energy Union this financial year and had 46 cases before the courts, including 38 against the CFMEU.

In a statement of claim, the commission alleges CFMEU official­ John Windus racially abused supervisor Thayalan Krish­nan at the Doubletree Hilton­ project in Perth in Feb­ruary, saying, “this is Australia, not your third-world country”.

It alleges Mr Windus stepped towards Mr Krishnan’s face. When Mr Krishnan raised his left hand and stepped backwards, the commission says Mr Windus said: “Don’t touch me c..t, you’re a third-world joker and this is f..king Australia. Do what I say.”

Mr Windus allegedly told Mr Krishnan, “you f..k off c..t from this place”, and another official Stephen Parler was alleged to have repeatedly shouted the word “c..t’’ at Mr Krishnan.

In Victoria, the ABCC alleges that the CFMEU and three offic­ials, including Kane Pearson, organised­ unlawful industrial action, contravened right-of-entry laws and threatened to shut down the Melbourne University Veterinary School project site in Werribee last July.

It alleges Mr Pearson ran away from the site’s health and safety co-ordinator and that, when the co-ordinator caught up to him, Mr Pearson made “in­appropriate sexual remarks and comments about his physical appearan­ce”.

The ABCC statement of claims says Mr Person said “you finally caught up fatty” and the supervisor wanted to “suck his cock”. Mr Pearson was later talking to another union official, allegedl­y pointing to the co-ordin­ator and saying “he offered to suck my cock”.

The ABCC alleges that, when the co-ordinator attempted to follow Mr Pearson and the two officials into the site’s first aid room, Mr Pearson “physically hip and shouldered the co-ordin­ator out of the doorway and slammed the door in his face”.

In the third action, the ABCC alleges the CFMEU and official Grant Harradine organised unlawful industrial action on four consecutive days at the Townsville Stadium site in a bid to pressure subcontractor PJ Walsh to sign an enterprise agreement.

CFMEU construction divis­ion national secretary Dave Noonan accused the ABCC of being a “partisan regulator” and “loading the bases” ahead of the federal election being called. He said the legal action in Perth was announced to the media before documents were served on Mr Windus and Mr Parker.

Bill Shorten has promised to abolish the ABCC if Labor wins the election.

Mr McBurney said the ABCC was preparing to file three more proceedings against the union.