The Full Court of the Federal Court today dismissed an appeal by the CFMEU. The appeal was against an earlier decision which found the union responsible for false and misleading statements to workers about their obligation to join the union.
On 14 March 2007, former Federal Court Justice Kiefel found the CFMEU and the CFMEU
Queensland branch were responsible for the false and misleading statements of a union delegate.
The statements were in breach of s298(c) of the Workplace Relations Act 1996 (WR Act).
The union appealed the decision, arguing the statements the delegate made needed to be intentionally and knowingly false to constitute a breach of the freedom of association provisions of the WR Act.
The Full Court rejected this argument and upheld Justice Kiefel’s decision. Justice Kiefel found the unions and delegate had made false and misleading statements to three employees at a Gold
Coast spray paint shop about their obligation to join the union.
The penalties Justice Kiefel ordered the union to pay will stand. The CFMEU and CFMEU
Queensland were ordered to pay penalties of $6000 and $3000 respectively. Justice Kiefel also made orders requiring the union to repay the workers’ $250 in union dues.
In a related matter arising from this incident, the ABCC took action against Sunland
Constructions and a manager. Both respondents admitted contravening freedom of association provisions of the WR Act and were penalised.
ABC Commissioner John Lloyd made the following statement.
“I welcome the Full Court’s decision to dismiss the appeal,” Mr Lloyd said.
“Workers enjoy the freedom to choose whether or not to join a union.
“The ABCC has a responsibility to ensure that workers are adequately advised by employers and unions about their rights in respect of union membership.”