The Federal Magistrates Court in Melbourne has imposed penalties totalling $41,000 on the CFMEU and two senior officials for action taken on a Melbourne building site in May 2008.
The Court found that Senior Vice President Noel Washington and Vice President Matt Hudson acted unlawfully, when they blocked a tower crane in response to their concerns over employment arrangements for the crane crew.
“Union leaders should demonstrate leadership in dispute resolution, not resort to aggressive tactics such as taking possession of a crane,” Australian Building and Construction Commissioner Leigh Johns said.
“Blocking the entrance to the crane was a dangerous action that sets a poor example of how to resolve disputes, and a poor example of how to behave safely on site.”
On the morning of 21 May 2008, CFMEU Senior Vice President Noel Washington and CFMEU Vice President Matthew Hudson entered at the New Royal Children’s Hospital project without invitation or notification.
After the crew operating the crane left for their morning break, Mr Hudson and Mr Washington proceeded to climb the unattended tower crane.
While in the crane Mr Hudson and Mr Washington blocked access to it by placing a piece of plywood across the manhole and standing on it.
Mr Hudson told the site foreman they had taken possession of the crane, and wanted to speak with Bovis Lend Lease’s (BLL) Operations Manager.
While BLL managers were trying to get Mr Washington and Mr Hudson to come down from the crane, CFMEU Vice President Elias Spernovasilis arrived at the site, and advised BLL managers that Mr Hudson and Mr Washington would not come down.
Mr Washington and Mr Hudson did not leave the crane until after 12.30pm.
The Court endorsed the penalty submission made by the ABCC and respondents, ordering that:
- The CFMEU pay $30,000;
- Mr Washington pay $6,000; and
- Mr Hudson pay $5,000.