The ABCC has taken Court action against the CFMMEU and its official Paul Tzimas over an incident at the $15.8 billion North East Link Project in Melbourne on 4 February 2021.
The jointly funded Australian and Victorian Government project will connect Melbourne’s freeway network between the Eastern Freeway and M80 Ring Road in Melbourne’s north-east.
The ABCC is alleging excavation work to relocate a sewer at the project’s Bulleen site was stopped when Mr Tzimas exercised his right of entry powers at the site. It is alleged Mr Tzimas ignored safety directions and deliberately entered a restricted area while a heavy excavator was operating.
In its statement of claim, the ABCC is alleging:
Mr Tzimas demanded work be stopped because the address on the Safe Work Method Statement was incorrect, making reference to a different site within the project.
When told the address could be amended while work continued Mr Tzimas responded to the site supervisors with “get f***ed” and “f**k the two of you”.
He then walked into the restricted area where he threw his compendium on the ground and said words to the effect “try and work now” or “see if you can keep operating while I’m standing here”.
At the time of his incursion into the restricted plant operating zone an excavator was operating with its bucket in mid-air.
Despite repeated requests Mr Tzimas refused to move from the area resulting in work being disrupted and a truck driver scheduled to work until at least 4pm being sent home at 8.50am.
Victorian WorkSafe inspectors attended the site but did not identify any concern or issue with the Safe Work Method Statement.
The ABCC is alleging Mr Tzimas contravened sections 499 and 500 of the Fair Work Act by acting in an improper manner and intentionally hindering or obstructing persons at the site – specifically, by intentionally entering the plant operating zone and causing all work on the site to stop.
The ABCC further alleges the CFMMEU is liable for the conduct of its official.
The ABCC is seeking a personal payment order against Mr Tzimas. Such an order would require Court imposed penalties to be paid personally by Mr Tzimas and not paid or reimbursed directly or indirectly by the CFMMEU or through crowd funding.
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.
