The Federal Court at Sydney yesterday handed down penalties totalling $55,000 to the Australian Workers Union (AWU), the AWU New South Wales branch and its delegate Joseph O’Connor for unlawful industrial action taken at the Lake Cowal gold mine site in NSW.
The industrial action occurred in October and November 2005 when O’Connor took “a leading role” in the industrial actions and encouraged and incited AWU members to go on strike.
The first unlawful industrial action was taken between 15 and 17 October 2005 in support of range of claims against employers.
The second strike on 10 November 2005 occurred when workers failed to return to work after the allotted time for an authorised stop-work meeting had been reached.
Her Honour Justice Jagot found that the industrial action contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act), s.170MN of the Workplace Relations Act 1996 (WR Act) and the relevant Certified Agreement.
Acting ABC Commissioner Ross Dalgleish said the penalties reflected the seriousness of the unlawful industrial action that had occurred.
“These strikes involved nearly 300 workers on each occasion and caused estimated losses of $200,000. Dispute resolution procedures in the workplace agreement were ignored.
On 25 September 2008 penalties totalling $9,100 were imposed on the Construction Forestry Mining and Energy Union and one of its representatives in respect of the second strike.
Penalties handed down on 26 March 2009:
Mr Joseph O'Connor: Contravened s.38 of the BCII Act and sections 170MN and 178 WR Act.
October stoppage: $6,500; November stoppage: $2,500 - Total $9,000
AWU Federal: Contravened s.38 of the BCII Act and sections 170MN and 178 WR Act.
October stoppage: $20,000; November stoppage: $8,000 - Total $28,000
AWU - NSW: Contravened s.38 of the BCII Act.
October stoppage: $12,500; November stoppage: $5,500 - Total $18,000.