The ABCC has commenced legal action against the CFMMEU and its official, Arron Platt, alleging that the official used threatening and offensive language towards site management while exercising his right of entry at the Woolworths Warehouse and Distribution Centre project in Auburn, New South Wales.
The new $64 million Woolworths Warehouse and Distribution Centre in Auburn is a 22,000sqm Customer Fulfilment Centre being built to meet increasing demand in Western Sydney.
In its statement of claim, the ABCC alleges that on 11 March 2022, Mr Platt entered the project and made a series of intimidating and offensive comments to site management, including:
- “This is a small industry; I can make your life hard”;
- “Get this c..t away from me”;
- “Get f**ked you c..t”;
- “You are nothing but a piece of sh*t”; and
- On several occasions, referring to a site manager as a “c..t”.
The ABCC alleges that Mr Platt’s conduct while exercising his right of entry was improper and contravened section 500 of the Fair Work Act 2009.
The ABCC is seeking a personal payment order against Mr Platt. Such an order would require that penalties awarded against Mr Platt be paid personally, without any contribution directly or indirectly from the CFMMEU.
The maximum penalty for a contravention of section 500 of the Fair Work Act 2009 is $13,320 for individuals and $66,600 for a body corporate.