The Federal Court in a decision on 3 September 2010 imposed penalties totalling $48,000 on the CFMEU and the union’s Western Australian Assistant Secretary Joe McDonald. The court found Mr McDonald engaged in an unlawful strike at the City Square project in Perth on 15 July 2009.
“Shutting down a $500 million project for 24 hours is an extreme course of action,‟ said ABC Commissioner John Lloyd.
“The law reflects community expectations that building projects should proceed without delays caused by unlawful wildcat strikes.
“The courts will penalise those involved in unlawful industrial action. This decision underlines that fact.‟
At 7 am on 15 July 2009 Mr McDonald attended a meeting of workers at the site. An initial vote to go on strike was not supported by the workers. Mr McDonald addressed the meeting by calling out ‘Stand up for yourselves’ and insisting on a re-vote.
A second vote was taken and a majority was achieved. This resulted in 143 workers going on strike for the day and the site being shut down.
In handing down the penalties of $40,000 on the CFMEU and $8,000 on Mr McDonald, Justice Barker took into account the CFMEU and Mr McDonald’s past record for similar contraventions.
Justice Barker noted that “...The BCII Act is plainly designed to ensure that industrial disputation will be resolved by means other than unlawful industrial action.” He found that Mr McDonald understood “..the industrial risks ... in taking the action he exhorted.”