Union warned: council
UNION organisers allegedly knew Townsville City Council workers were at risk of disciplinary action when they took “unprotected industrial action” this year.
On March 5, a group of disgruntled council workers went on strike after it was alleged the organisation tried to force a truck driver out due to injury.
Tomorrow, the CFMMEU will appear before the Queensland Industrial Relations Commission after the council filed a formal complaint over the alleged unprotected industrial action. Three organisers – Kane Lowth, Michael Robinson and Grant Harradine – were also filed against.
The Townsville Bulletin has obtained documents that detail conversations between organisers and council staff, and medical records of the driver. The union allegedly led the unprotected action.
The CFMMEU has denied or did not admit to claims Townsville City Council made about the alleged unprotected action in its response to the council’s QIRC submission.
In an affidavit, director of business services Stacey Coburn wrote that she told organisers there were about 50 people taking unprotected action and the council had the right to take disciplinary action against them.
Ms Coburn wrote that Mr Lowth confirmed he knew this.
She allegedly asked Mr Lowth to confirm the workers knew this on at least three occasions before she asked the organiser: “Do you know that I can go after the CFMEU and you for instigating this?”
According to Ms Coburn’s affidavit, Mr Lowth replied: “I don’t care, do what you like.”
Mr Lowth has denied this in the union’s official response.
Documents filed in the proceedings also revealed occupational physician Dr Robert Mccartney found the driver was not fit for work at the time.
The doctor said the worker had problems that were impacting on his fitness to safely carry out his duties at work.
“Some of these health issues are impacting on his ability to safely drive a heavy vehicle or meeting the commercial vehicle guidelines,” Dr Mccartney wrote. “Other aspects of his conditions would be impacting on his ability to safely carry out the physical requirements of his tasks.”
But Mr Lowth allegedly told Ms Coburn the council had no right to send the worker for this kind of examination.
In a signed affidavit, Ms Coburn said: “Mr Lowth complained to me that the functional assessment that (the worker) went to … was not the correct assessment and that he was assessed against the wrong equipment.”
According to the affidavit,
Mr Lowth told her “you don’t have the right to send him to an assessment”.
But Ms Coburn disagreed, telling the organiser council had an obligation towards staff safety.
“I can’t sit on this report and ignore that,” she said. “If something happened, you’d go after me for liability.”
Mr Lowth allegedly said the worker should just be able to go to the GP and get clearance to return to work. Dr Mccartney reported he would need more information before it was safe to clear the worker.