Stadium workers ‘broke the law’

CONSTRUCTION union officials and employees have been found to have engaged in unlawful industrial action by imposing a ban on work with a subcontractor on the state government’s stadium project in Townsville.

The Federal Court has also found the Construction, Forestry, Maritime, Mining and Energy Union and one of its officials, Grant Harradine, organised unlawful industrial action with the intent to coerce the subcontractor into making an enterprise agreement with the union.

Judge Darryl Rangiah handed down his judgment on the case, brought by the Australian Building and Construction Commission, yesterday.

The judgment relates to a decision by the state government to introduce so-called Best Practice Principles on the stadium after work had begun, boosting workers’ pay rates and helping to blow out construction costs by more than $40m.

According to the judgment, Townsville company PJ Walsh Constructions signed a contract on August 7, 2018, with head contactor Watpac to provide concreting works.

In the same month the Queensland government released a document entitled, Best Practice Principles: Quality, Safe Workplaces.

The judgment says Watpac then advised PJ Walsh the government had issued a direction the principles were to be implemented and that employees covered by the document would receive increased rates of pay.

On November 26, 2018, the union arranged a meeting with all subcontractors who had started since May, announcing the Best Practice Principles document and the increased rates, which were to apply retrospectively from that time.

The judgment says four union officials attended the project site in November with Mr Harradine addressing the PJ Walsh Constructions employees, waving a template agreement in the air and saying: “You need to make your bosses sign this”.

It says the union officials began verbally abusing PJ Walsh director Patrick Walsh saying, he was a “f…ing dog” and was “not paying workers properly — you’re a piece of s..t”.

By March last year the issue flared with Mr Walsh telling employees the company was close to signing a deed of variation with Watpac which would result in the higher rates being paid, and that the difference would be backpaid.

According to the judgment, employees were not receptive to the explanation and when instructed, 15 refused to work.

The union, Mr Harradine and employees argued they were casual employees and not obliged to perform or accept work.

But Justice Rangiah found the union, Mr Harradine and the employees contravened the act.

Penalties and costs are to be decided at a later date.