CFMEU layabouts slammed by judge
A MILITANT construction union has been slammed by a judge for “deliberate” and “repeated” disruption to a $126 million Commonwealth Games building site.
The CFMEU was slapped with the maximum possible penalty for causing disruptions at the Carrara Sports and Recreation Project in a bid to coerce contractor Hansen Yuncken into signing a new enterprise agreement.
The union held two-hour meetings twice a day for three weeks last May at the site which meant as little as two hours of work was being done each day, costing Hansen Yuncken about $700,000 and causing subcontractors to withdraw from the project.
Photographs taken by the Gold Coast Bulletin at the time showed workers lazing on the grass during the stoppages which also included barbecues run by the union.
In his judgment, Justice John Reeves said the CFMEU had committed 23 contraventions against the Fair Work Act since 2010 and 11 since 2013.
“The history of contraventions by the CFMEU highlighted above requires a penalty that forces it to stop using such coercive conduct as a business model and the resulting penalty as a cost of doing business,” he said.
“On the latter, there is a need to include an element of deterrence, to impress on others in the industry that such conduct will not be tolerated by the courts.”
Justice Reeves said the case was a “very serious instance of coercive conduct” and “a serious contravention of the Fair Work Act”.
“It was deliberate and it was repeated over a relatively long period – 17 work days in all,” he said.
“It continued after its immediate unlawful effect was achieved, namely, the withdrawal of the structural subcontractors’ workers from the Carrara project site.
“It was only brought to an end when the Commissioner obtained an interim injunction order at the beginning of this proceeding. The coercive conduct caused significant damage to Hansen Yuncken.”
The CFMEU was fined $54,000 and union officials Andrew Watson and Shaun Desmond were also ordered to pay $5000 each.
Australian Building and Construction Commission acting commissioner Cathy Cato said the decision confirmed “illegitimate tactics” would not be tolerated on Australian construction sites.
“This case highlighted yet another example of important public infrastructure being stopped through unlawful action,” she said.
“The judge has sent a strong message that paying a penalty following coercive conduct should not be treated as the cost of doing business.”