CPAC ‘DOG’ FIGHT

Legal action against union over theatre site stoush

LEGAL action has been launched against the CFMMEU and Cairns union organiser Roland “Rolly” Cummins (left) who allegedly repeatedly yelled “you’re a f***ing dog, Duckworth” in the face of a workplace health and safety officer.

The Australian Building and Construction Commission claims the abuse occurred during an inspection of the $71 million Cairns Performing Arts Centre construction site on April 4 last year. In a statement of claim filed in the Federal Circuit Court, the ABCC alleges health and safety inspectors Robert Duckworth and John Dalamaras were conducting an inspection at the request of the unions when a disagreement arose over whether the site should be shut down.

The watchdog claims Mr Cummins jumped in front of Mr Duckworth, “put his face approximately two to three inches away” and shouted the abuse.

It is claimed the abusive line was shouted three times.

“Mr Duckworth felt shocked and physically threatened by the first respondent’s conduct,” the statement continues.

“Following a silence of a couple of moments, (Mr Cummins) turned away from Mr Duckworth, and walked away from the group.”

In the lead-up to the alleged confrontation, the statement says Mr Cummins and officials from the CEPU (the communications union) raised several safety issues about the site.

They included claims a fire extinguisher affixed to an excavator was out of date, the building evacuation plan failed to adequately show escape routes and that it was posted in the wrong location.

Mr Duckworth said the “running man” evacuation signs were more important, since it meant workers would be able to locate and access the closest designated safety fire escape route, the statement says.

The ABCC says Mr Cummins launched into the tirade because he “wished Mr Duckworth to cease providing advice in respect of exit signage”.

The ABCC alleges Mr Cummins and the CFMMEU contravened the Fair Work Act by acting in an improper manner and hindering and obstructing a Queensland WHS officer from undertaking his lawful duties.

It has secured top law firm MinterEllison for the case.

Mr Cummins did not wish to comment.

Cairns Regional Council Mayor Bob Manning in October claimed unions were trying to hold up the completion of the centre for political reasons.