The Federal Court in Sydney today ordered the CFMEU and a delegate to pay penalties of $10,000 and $2,000 respectively for attempting to force a painting contractor to make its painters join the union. The contractor involved was Papas Painting Contractors Pty Ltd.
In October 2004, Papas Painting was awarded a contract to paint apartments in the Canberra suburb of Turner. Papas Painting engaged a number of painters to carry out the work.
On 9 February 2005, CFMEU delegate Les Lanscar advised, encouraged or incited Papas Painting to refuse to engage the painters because they were not members of the union. Mr Lanscar said that unless the painters joined the union they could not work on the project and he would “direct” the head contractor to use other painters. Also, Mr Lanscar threatened to take industrial action against Papas Painting with the intent to coerce it to refuse to use the painters.
This conduct was in contravention of s298S(2)(a) and (b) of the pre-reform Workplace Relations Act 1996.
A four-day hearing was listed in the Federal Court at Canberra from 16 April 2007. On the second day of the hearing, the CFMEU and Mr Lanscar admitted the contraventions after Mr Lanscar’s diary had been found to have been altered.
The Judge today handed down penalties in accordance with those that had been agreed by the parties. Buchanan J said:
“The conduct admitted by Mr Lanscar and by the CFMEU is serious. It must be regarded as a deliberate breach of a clear legislative prohibition. It is appropriate that the penalty reflect this fact.”
ABC Commissioner John Lloyd said freedom of association was protected under law.
“It is unlawful for a contractor to force its workers to join, or not join, a union,” he said.
“The decision whether or not to join a union is one for each individual worker. If anyone is being pressured, bullied or intimidated into joining, or not joining, a union, I urge them to contact the ABCC.”