The Australian Building and Construction Commission (ABCC) continues its active investigation and prosecution of workplace law breaches, highlighting its important role in upholding compliance.
Penalties in cases brought by the ABCC since its re-establishment on 2 December 2016 have now exceeded $10 million, with total penalties against the CFMMEU and its officials currently standing at $9.62 million.
In the latest case, the Federal Circuit Court has penalised the union and five of its officials $486,500.
The union was found to have organised unlawful blockades and work disruptions targeting a Sydney concreting company. CFMMEU officials unlawfully blocked the main entry gate and vehicle access gates preventing subcontractors from entering the site.
Over the three days subcontractors were prevented from attending work and subjected to abuse. Workers were called ‘f*ing scabs’ and ‘filthy dogs’ and concrete trucks were turned away, with at least one driver complaining of being harassed by a CFMMEU official.
Then-CFMMEU NSW branch secretary Brian Parker told DMG’s general manager: “We are not mucking around anymore” and “we will keep fighting until the end”.
Former CFMMEU official Luke Collier, who was involved in blocking vehicle access to the site, directed others to: “Stand on the road guys. There’s not enough police to take us all away.”
Handing down his penalty judgment Judge Manousaridis described the conduct of the CFMMEU officials as serious because it was intended:
“…to signal to operators of trucks and workers that they would be prevented from entering the Barangaroo Site to carry out work.”
Full Bench rejects CFMMEU right of entry permit appeal
A Full Bench of the Fair Work Commission has upheld the decision to refuse to grant an entry permit to Paul McAleer, NSW Branch Secretary and National Vice President of the Maritime Division of the CFMMEU.
In the original decision of November last year, the Fair Work Commission found Mr McAleer was not a fit and proper person to hold an entry permit. This decision was appealed by the union.
The Full Bench considered the adverse findings made by the Federal Court concerning the unlawful conduct of Mr McAleer in four separate judgments.
In two previous Federal Court decisions, Mr McAleer was found to have organised unlawful industrial action and was ordered to pay penalties totalling $36,000.
Maximum penalty handed down against CFMMEU for abusing Victorian WorkSafe inspector
The Federal Court in Victoria last month penalised the CFMMEU and its senior official Alex Tadic a total of $59,500 for abusing a Victorian WorkSafe official.
The case related to the 2014 construction of the Castlemaine Police Station.
- The CFMMEU was penalised $51,000 – 100 per cent of the maximum available penalty.
- Mr Tadic was penalised $8,500 – 83 per cent of the maximum available penalty.
The Court found Mr Tadic intimidated and abused a WorkSafe Inspector while he was attempting to perform his duties investigating the health and safety of workers.
The ABCC successfully appealed an earlier Federal Court decision dismissing its case against Mr Tadic and the CFMMEU.
Penalties Imposed on West Australian Ceiling Company in wages investigation
Last month the ABCC secured more than $46,000 in penalties and legal costs against West Australian company Big Li Ceiling Pty Ltd and its director Yiting Li.
The ABCC commenced court action against the company in September 2018 following its repeated failure to cooperate in a wages and entitlements investigation.
The Federal Circuit Court found the company failed to comply with two Notices to Produce (NTP) records and documents of its workers and subcontractors during a wages and entitlements audit.
AREEA has long supported passage of the Ensuring Integrity Bill since it was first introduced in 2017. It remains one of eight workplace reform priorities identified for the 46th Parliament in AREEA’s policy booklet Pathway to Productivity.
AREEA will continue to advocate for the important measures within the Ensuring Integrity Bill that will considerably improve our nation’s industrial relations environment and promote greater compliance with industrial laws.
