Embarrassment for Cash as union wins case against building firm

Construction company BGC has failed to overturn a court ruling it broke the law by hindering two union officials.

Senator Michaelia Cash in Canberra. Picture: AAP

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

The full Federal Court judgment is embarrassing for Senator Cash, who this week will appear in court to give evidence in the case brought against the Registered Organisations Commission by the Australian Workers Union.

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

Judge Christopher Kendall found BGC employee Brian Carlton contravened the Fair Work Act by intentionally hindering or obstructing CFMEU officials Douglas Heath and Peter Joshua in October 2015 from exercising their legal right to meet employees on a Perth building project.

Justice 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.

Justice Kendall 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 they hindered or obstructed for some non-malev­olent motive.”

In a decision handed down on Friday, a full court upheld the earlier ruling, dismissing the company’s appeal.

Mick Buchan, the union’s West Australian secretary, said the union welcomed the decision. ‘‘BGC is one of the biggest construction companies in Western Australia, and a prominent member of the Master Builders Association,’’ he said.

‘‘Michaelia Cash launched the last federal election campaign in a joint press conference with BGC at this very site. Will Cash, Kelly O’Dwyer or Scott Morrison condemn BGC’s illegal behaviour? What has the MBA got to say about their members breaking the law? Or is such condemnation reserved for workers and unions?’’

Senator Cash is expected to give evidence later this week in the proceedings brought against the ROC over the raids conducted on the AWU offices.

Her former senior media adviser David De Garis, who quit after admitting to tipping off the media about the raids, will also give evidence.

AWU national secretary Daniel Walton said the union believed the extraordinary nature of the raid and the media leaks showed the ROC investigation was started to damage political opponents of the Liberal government.

Maurice Blackburn principal Josh Bornstein, is acting for the AWU, said the raids on the union’s offices were unprecedented, with the trial to examine whether the ROC’s investigation into the union was illegal on the basis of being politically motivated.