The Federal Magistrates Court in Melbourne has imposed penalties totalling $30,000 on the CFMEU and its official for engaging in unlawful industrial action.
ABC Commissioner Leigh Johns welcomed the successful outcome and emphasised the importance of following lawful dispute resolution procedures:
‘The award covering this project provided very clear dispute resolution options. There are reasonable and lawful steps that aggrieved parties can take in situations like this. An unlawful strike is not an acceptable solution,’ Commissioner Johns said.
In a statement of agreed fact the CFMEU official Danny Berardi admitted contravening s.38 of the Building and Construction Industry Improvement Act 2005 at the B Central student apartment site on 7 October 2008.
Commissioner Johns said it was disappointing that Mr Berardi called an unlawful work stoppage before proper attempts were made to resolve the dispute lawfully.
‘This type of action has no place in modern workplace relations. Fairness and productivity in the building and construction industry means that while workers and their representatives have rights, they also have responsibilities.’
The strike took place because Mr Berardi directed employees to stop work over B Central’s dismissal of the site ‘peggy’– someone responsible for general cleaning and upkeep of the site - who had received oral and written warnings about his poor work performance over a five-month period.
Federal Magistrate O’Sullivan yesterday endorsed the settlement and agreed penalties, imposing a $25,000 penalty on the CFMEU and $5,000 on Mr Berardi.