Penalties totalling $115,000 were today imposed by the Federal Court on the CFMEU and organiser Mr Robert Mates for coercing a head contractor. The coercion was committed by organising and threatening to organise work stoppages.
In handing down his decision, Justice Jessup took into account the previous contraventions of the CFMEU. His Honour noted that specific deterrence was of particular importance in fixing the penalty amounts:
“Indeed, the history tends to suggest that the Union has, with respect to anti-coercion and similar provisions of industrial laws . . . a continuing attitude of disobedience of the law.”
ABC Commissioner John Lloyd said court proceedings were one means of improving industry compliance with workplace laws. The severity of the penalties recognises the seriousness of unlawful coercion and the need to deter industry participants from engaging in such conduct.
“Coercive behaviour in the building and construction industry is unacceptable. All involved in the industry have a right to go about their work without fear of being threatened, intimidated or coerced.
“Industry participants should realise that unlawful conduct will expose them to substantive penalties.”
The Federal Court ruled on 13 March 2009, that the CFMEU and Mr Mates unlawfully attempted to coerce Kane Constructions Pty Ltd to employ an OHS representative who was not from the company’s management. The events occurred at a construction site in Alphington, Victoria in July 2006.
A penalty of $55,000 was imposed on the CFMEU and $8,250 on Mr Mates for procuring a stoppage of work with the intent to coerce Kane Constructions.
A further $45,000 was imposed on the CFMEU and $6,750 on Mr Mates for threatening to procure a stoppage of work with the same intent to coerce.
The CFMEU and Mr Mates were also ordered to pay half of the ABCC’s costs.