The ABCC has started Federal Circuit and Family Court action against the CFMMEU and QLD official Dean Rielly alleging Mr Rielly contravened right of entry requirements at Brisbane’s Cross River Rail project in July 2021.
The Cross River Rail is a new $6.88 billion train line from Dutton Park to Bowen Hills, stretching 10.2 kilometres and including 5.9 kilometres of twin tunnels under the Brisbane River and CBD.
In its statement of claim, the ABCC is alleging:
Mr Rielly ignored reasonable requests to make a mandatory COVID-19 health declaration, refused to sign the visitor register and to complete a visitor induction.
He also ignored requirements to be accompanied by an escort, to obey safety signs and to stay out of a restricted work area, all important requirements to ensure workers’ and visitors’ safety while on site.
During his attendance at the Albert Street Station construction site, Mr Rielly unlawfully entered a restricted work area where there were trucks and excavation equipment.
At the time of his incursion, Mr Rielly was unaccompanied by site management. This was despite the presence of signs advising the area was restricted to visitors unless accompanied by an authorised officer and safety fencing surrounding the area.
Mr Rielly also walked past a traffic controller ignoring his instructions to report to the site office. Shortly after, he climbed scaffolding stairs leading to the tower crane pad, again ignoring directions not to do so.
When he entered the restricted area, he was told by the site’s industrial relations advisor:
For your own safety we need you out of here, it’s a restricted area.
At about 3:10 PM, Mr Rielly left the restricted area.
The ABCC is alleging Mr Rielly contravened sections 499 and 500 of the Fair Work Act by refusing reasonable requests to comply with health and safety directions and behaving in an improper manner while on site.
The ABCC is seeking a personal payment order against Mr Rielly. Such an order would require Court imposed penalties to be paid personally by Mr Rielly 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 is $66,600 for a body corporate and $13,320 for an individual.
