The Federal Court today in Brisbane ordered the CFMEU and the CFMEU Queensland to pay penalties of $ 6,000 and $3,000 respectively for making false and misleading statements to three employees at a Gold Coast spray paint shop about their obligation to join the union. The unions were found to have contravened the freedom of association provisions of the pre-reform Workplace Relations Act 1996.
Danny Oskam, the union delegate, who told the workers that they could not work for Sunland Constructions Pty Ltd unless they joined the unions, was ordered to pay a penalty of $300.
Justice Kiefel also made compensation orders against both unions requiring them to pay two of the employees $200 each and the other employee the sum of $50. These amounts represent a refund for union membership fees that they had been forced to pay.
Proceedings had also been taken by the Office of the Australian Building and Construction Commissioner against Sunland Constructions and its manager Saied Eshraghi. Both these respondents admitted contravening freedom of association provisions of the Act.
In November 2006, the Federal Court ordered Sunland Constructions and its manager to pay penalties of $3,000 and $1,000 respectively for making false and misleading statements. The company was also penalised $12,000 for dismissing an employee for a prohibited reason, namely because he had resigned from the union. Sunland agreed to an extensive training program to educate its managers and staff about freedom of association.
The Australian Building and Construction Commissioner, John Lloyd, said today’s penalty against the Federal and State CFMEU and their delegate sends a message to all levels of the building and construction industry that this type of behaviour will not be tolerated.
“The ABCC will be vigilant in eliminating the industry’s culture of intimidation and coercion; behaviour that is not tolerated in any other Australian industry.
Workers have the right to choose whether or not they want to be union members.
It is hoped that the penalties in this case are a deterrent for this type of behaviour in the future.”