Cozadinos v CFMEU, Powell & Tadic
The Federal Magistrates Court at Melbourne has imposed penalties totalling $37,500 on the CFMEU, and its officials Michael Powell and Alex Tadic. The court found the union and two officials engaged in unlawful industrial action on the Eastlink project in Melbourne.
Mr Powell and Mr Tadic admitted that they entered the Springvale Road depot at the site on 31 January 2008 and encouraged workers to stop work.
“During construction, the $2.5 billion Eastlink Project was the largest infrastructure project of its kind in Australia, and now provides a vital link between Ringwood and Frankston,” said Australian Building and Construction Commissioner Leigh Johns.
“In this case, the respondents completely overlooked dispute resolution procedures in the agreement in favour of this unlawful course of action.”
“Several new enterprise agreements are being negotiated in the industry at the moment. Industry participants must be familiar with the dispute resolution clauses in their agreement and enact them when conflict occurs.”
“Observing dispute resolution procedures reduces the chance that unlawful industrial action will take place, fashions better onsite behaviours and ultimately results in a more productive industry,” Mr Johns said.
In a statement of agreed facts presented to the Court, Mr Powell and Mr Tadic admitted they held a meeting with employees at the site on 31 January 2008 to discuss concerns about health and safety standards. After the meeting approximately 20 employees failed to return to work on the Eastlink Project for the balance of the working day.
Mr Powell and Mr Tadic returned to the Springvale depot area at 6:20am the next day. The officials conducted further meetings with employees, and encouraged them not to perform work. Following the meeting, employees walked off the job again.
“Health and safety is too important in this industry for it to be exploited in such an improper way. The workers on the site are the ones that suffer.” Mr Johns said.
The CFMEU was ordered to pay $30,000, Mr Powell $5000 and Mr Tadic $2500.