The ABCC is taking court action against the CFMMEU and its official, Travis Brook, after the official allegedly asked a female worker about her sex life on two occasions, while exercising his right of entry at the Flinders University Health and Medical Research Building project in South Australia.
The ABCC alleges that on 13 January 2022, CFMMEU official Travis Brook entered the $255 million project to investigate suspected safety contraventions.
During his inspection of the site, Brook allegedly asked a female labourer who was known to him about her Christmas and asked, "were you and [her husband] humping like rabbits the whole time?" On a separate occasion, Mr Brook allegedly again asked whether the female labourer and her husband were "humping like rabbits."
The ABCC alleges that the comments made by Mr Brook were sexualized, demeaning, disrespectful and/or humiliating and caused the female labourer to feel uncomfortable and embarrassed.
The ABCC alleges that Mr Brook's conduct fell below the standard expected of a permit holder when exercising rights of entry and contravened section 500 of the Fair Work Act 2009, which provides that a person must be a 'fit and proper person' to hold such a permit, and not behave improperly while exercising the rights of entry afforded by the permit.
The ABCC is seeking a personal payment order against Mr Brook. Such an order would require Court imposed penalties to be paid personally by Mr Brook and not paid or reimbursed directly or indirectly by the CFMMEU or any other person.
The maximum penalty for each contravention of the Fair Work Act 2009 is $66,600 for a body corporate and $13,320 for an individual.
The Australian Human Rights Commission's Respect
