A union and two of its officials hindered and obstructed work at the $500m Founders Lane development in Braddon, the Australian Building and Construction Commission has alleged as it launches federal court action.
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The commission is alleging two Communications Electrical Plumbing Union officials, James Darnton-Turner and Brian Windsor, were involved in several incidents while onsite that led to work being delayed in March this year.
In its statement of claim lodged with the Federal Circuit and Family Court, the commission is alleging Mr Darnton-Turner prevented formworkers from working by standing in front of an electrical distribution board he claimed was non-compliant and had to be shut down.
When told the electrical inspector for the ACT Planning and Land Authority had earlier certified the distribution board as being compliant, Mr Darnton-Turner allegedly refused to move until the electrical inspector came to the site so Darnton-Turner could "school him".
The commission is alleging Mr Darnton-Turner in a second incident deliberately pulled a power lead from its socket, damaging the lead and had to be replaced.
The commission is alleging during the incident, a discussion with site representatives to the following effect took place:
Darnton-Turner: "Look this one is broken, it's faulty".
Supervisor: "That's because you broke it and yanked on it. You're not meant to be touching our lights and our leads."
Darnton-Turner: "You need to replace the lead because it's broken.''
Supervisor: "Yes Jimmy, I do have to replace the lead, because you broke our lead. Now I have to replace it."
Site manager: "You tampered with our lights, you can't tamper with our lights."
Darnton-Turner: "Tampered. Ha ha ha."
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A third incident allegedly involved Mr Windsor delaying fire-safety workers installing sprinkler pipes when he directed them to stop work then stood in a position that prevented the work for about 20 to 30 minutes.
The commission is alleging Mr Darnton-Turner hindered and obstructed work and acted in an improper manner, breaching section 500 of the Fair Work Act 2009.
Mr Windsor is also alleged to have hindered and obstructed work, resulting in the same breach.
The commission further alleges the union is liable for the conduct of its officials.
The maximum penalty for each breach of the Act if proven is $63,000 for a body corporate and $12,600 for an individual.
When completed, the $500 million Founders Lane urban precinct will comprise 781 apartments, units and townhouses, along with commercial spaces.
The three respondents have not yet filed documents with the court and the union has been contacted for comments.
The first court date for the case will be November 11.
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