The Federal Magistrates Court today ordered the CFMEU to pay $35,000 and an official to pay $7000, with $3500 suspended, for engaging in unlawful industrial action. The unlawful industrial action involved abuse of Occupation Health and Safety.
Federal Magistrate Burchardt found the CFMEU and its official Colin Stewart contravened section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act). The unlawful industrial action took place at the Roche Mining Mineral Sands Separation Plant in Hamilton. It was a two and a half day strike involving 288 people in September 2005.
The union claimed the strike was taken over an OH&S issue.
In handing down his judgement, Federal Magistrate Burchardt stated:
“I accept the submission of the Applicant that the contraventions were deliberate in nature and in defiance of the law. There is no basis upon which the justification of the action on the basis of health and safety grounds can be maintained.”
ABC Commissioner John Lloyd said the judgement was significant.
“Today, the Federal Magistrates Court found that the CFMEU contravened the BCII Act by taking unlawful industrial action. A similar finding was made against the official, Mr Colin Stewart,” Mr Lloyd said.
“The penalties in this case are substantial. The decision reinforces that OH&S cannot be
misused as a basis for taking unlawful industrial action.”
“The ABCC is concerned that the industry’s OH&S record improves. The unlawful action taken in this case only serves to undermine the regard industry participants have for OH&S.”