CFMEU exclusion zone in place around Bald Hills Wind Farm site
The Federal Court has placed a Construction Forestry Mining and Energy Union (CFMEU) exclusion zone around the Bald Hills Wind Farm site, where 52 wind turbines are being built. The CFMEU has been banned from leaving vehicles and equipment within 200 metres of the entrance to the site.
The expanded Federal Court orders also prevent the CFMEU from threatening, abusing or harassing anyone entering or exiting the site. The CFMEU has been ordered to publish a copy of the orders on its website and provide a written copy to its officers.
Fair Work Building & Construction (FWBC) sought an urgent hearing after problems at the $400 million site flared up on Tuesday 15 April 2014. FWBC alleged that all entrances to the site were blocked and that work was disrupted.
On 2 April 2014, the CFMEU gave the Federal Court an undertaking that it would not prevent access to and from the site and the court made orders to that effect. This was after blockades allegedly occurred at the site on 18 February and on 20, 21 and 26 March. During this time, workers were prevented from entering the site to perform work and truck deliveries of materials to the site were stopped because of the blockade.
FWBC alleged that conduct at the site was in breach of the Federal Court order and is investigating allegations of coercion and adverse action. Her Honour Justice Davies said words to the effect that the actions of the CFMEU appeared to be in direct contravention of the undertaking that had been given to the court on 2 April 2014. Her Honour said words to the effect she considered failure to comply with the court orders as a very serious matter.
FWBC Director Nigel Hadgkiss said disobeying a Federal Court order was extremely serious. “I want to put all industry participants on notice that conduct of this nature will not be tolerated. FWBC stands ready to investigate and, where necessary, bring allegations of unlawful conduct before the courts,” Hadgkiss said.
Hadgkiss urged building and construction industry participants to phone FWBC’s hotline on 1800 003 338 for confidential information about their workplace rights
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