ABCC alleges employees unlawfully walk off job at major Southport development

Australian Building and Construction Commission

The ABCC has taken court action in the Federal Court in Brisbane against seven employees of J Hutchinson Pty Ltd.

The ABCC alleges the employees engaged in unlawful industrial action when they walked off the job during construction of the Queen Street Village in Southport in June 2021.

At the time of the walk off the employees were working on the $85 million mixed use development on the site of the old Gold Coast Hospital at the corner of Queen Street and Nerang Street.

Hutchinson Builders was engaged to construct several stages of the project, including a supermarket, cinema, childcare centre, car park, shops and medical centre.

The ABCC is alleging in its statement of claim:

  • On the morning of 8 June 2021, a group of workers scheduled to work on the project that day met with a CFMMEU official in the main lunchroom.
  • Following the meeting, the employees left the project and failed to return and perform their work.
  • The employees were absent from the project for the remainder of the day.
  • The project remained open for the duration of 8 June 2021, but the only work that was performed that day was by the plumbers and sprinkler fitters.

The ABCC is alleging the employees engaged in unlawful industrial action in contravention of section 46 of the Building and Construction Industry Improving Productivity Act 2016 (BCIIP Act).

The maximum contravention of the BCIIP Act is $222,000 for a body corporate and $44,400 for an individual.

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