The Federal Court has ordered the CFMMEU and seven of its officers to pay penalties totalling $313,000 for their unlawful conduct against a number of concreting companies at construction sites in Sydney in 2014-15.
The Federal Court found the CFMMEU and senior officers, including former NSW state secretary Brian Parker, assistant state secretary Robert Kera, and organiser Luke Collier, took action against a group of concreting companies to coerce them to make an enterprise agreement with the Union.
In addition, the Court found the CFMMEU and its officers had contravened right of entry laws by hindering and obstructing workers and acting in an improper manner.
At a meeting on June 5, 2014, CFMMEU official Darren Taylor threatened to “smash” the jobs of one of the sub-contractors so the other contractors would “know what is coming”. Taylor told the sub-contractors if they didn’t sign an agreement with the CFMMEU, then it would “pick one of you and come after you”.
Following the meeting, Kera sent a threatening text message reading “eenie meenie miney mo!” to a contractor who had attended the meeting.
Kera and Parker participated in a blockade of the Wolli Creek Site on March 16, 2015. The Court found Kera exercised a degree of control or supervision over other persons participating in the blockade on that day. Kera also participated in a further blockade of the site on March 17, 2015.
The recent judgement and the Court’s comments highlight the seriousness of the CFMMEU’s unlawful actions.
“The conduct evidences a continuing commitment on the part of the CFMMEU to pursue its industrial objectives by unlawful means and a continuing commitment to pay such penalties as are imposed as but the ‘cost of doing business’,” said Justice Geoffrey Flick in his judgement.
“CFMMEU organiser Luke Collier entered the site, not out of any genuine concern as to safety, but for the purpose of being as disruptive as possible. Mr Collier was also said to have driven a vehicle very close to two persons, and when told that he was very close to hitting them, responded with ‘you’re just a piece of shit’.”
In a significant ruling, Justice Flick also ordered the CFMMEU to publish an advertisement of the fact that contraventions have been found and penalties imposed. The Court will make orders for the form of advertisement within 14 days.
“Advertisements of the kind envisaged will hopefully go some way to preventing further contraventions of the Fair Work Act,” Flick added.
“At the very least, advertisements may cause individual union members to pause before pursuing unlawful conduct.”
Australian Building and Construction Commission (ABCC) commissioner Stephen McBurney said the case was another example of the CFMMEU disregarding safety and threatening the livelihood of contractors and sub-contractors in order to achieve their industrial objectives.
“The fact that the CFMMEU’s most senior officials were actively involved in unlawful conduct in this case is a cause for grave concern and justifies the making of an order for a public advertisement,” McBurney continued.
“The penalty imposed brings total penalties imposed on the CFMMEY to over $1.1 million this financial year. Penalties imposed on the CFMMEU since December 2, 2016, now total over $8.18 million.
“Every dollar the CFMMEU pays in fines comes out of the pockets of their members. It is time for the CFMMEU to respect the rule of law and the rights of all building industry participants.”