Today the Federal Magistrates Court in Melbourne ruled on declarations and penalties proposed under a settlement between the ABCC and the AWU, CEPU, AMWU and three union representatives. The rulings, which resulted in penalties totalling $75,000, finalise four of the five ABCC proceedings relating to the Maryvale Pulp Mill expansion project.
The unions and their representatives, Terrence Lee, Peter Mooney and Steven Dodd admitted they encouraged groups of workers numbering between 17 and 433 to unlawfully strike on multiple occasions between July 2007 and February 2008.
The parties agreed the respondents contravened s.38 of the Building and Construction Industry Improvement Act 2005 18 times by procuring industrial action and work bans at the Victorian project.
The terms of settlement also requires that the three union representatives participate in an education program about workplace relations laws in the building and construction industry.
ABC Commissioner John Lloyd said the penalties reflected the serious nature of the actions of the unions and their representatives:
“This project was plagued by unlawful industrial disruption. The negative effects of strike action and work bans are not isolated to this project; they flow-on to the greater Latrobe Valley community.
“These penalties reflect the seriousness of the unions’ actions. They should act as a deterrent.”
Commissioner Lloyd noted that reaching a settlement was a preferred outcome, saving litigation costs and the court’s time.
See the ABCC’s website for further information about the proceedings:
The final ABCC proceeding arising from the Maryvale Pulp Mill Project, relating to alleged undue pressure to make an agreement at the project, is still before the Federal Court. A directions hearing is scheduled for 31 August 2009: