On top of $23,250 in penalties, the CFMEU was today ordered to take out full page advertisements in the Illawarra Mercury newspaper to correct misleading statements it made to workers about their obligation to join a union.
The advertisements are required to advise that workers have a choice about joining a union, you don’t have to be a union member to work on a site and that the advertisements arose from a Federal Court finding.
Federal Court Justice Graham also instructed the union to destroy the CFMEU Code of Conduct for Union Delegates. The Code instructs delegates to ensure that all workers on site are financial members of the relevant union.
The Federal Court found the Federal and NSW CFMEU, an organiser, Edmond Casper, and a site delegate, Mick Lane, breached the coercion and freedom of association provisions of the prereform Workplace Relations Act 1996.
During January and February 2004, Mr Casper and Mr Lane told several plastering subcontractors on building sites in Fairy Meadow and Wollongong that they had to become union members.
Justice Graham imposed a $10,000 penalty on the CFMEU’s Federal and NSW branches, $2000 on Mr Lane and $1250 on Mr Casper.
Australian Building and Construction Commissioner John Lloyd said this was the first Building Industry Taskforce/ABCC prosecution which resulted in an obligation to place an advertisement as part of the penalty.
“The Federal Court acknowledged that the CFMEU misled workers when its representatives told them they had an obligation to join the union,” Mr Lloyd said.
“Every Australian has a right to decide whether or not they join a union and they should be free to make that decision without pressure, threats or fear of discrimination.
“The destruction of the CFMEU Code of Conduct, which instructed union delegates to deny an individual’s right to decide whether to be a CFMEU member, is a positive step toward continued improvement in the culture of the building industry.”