The Australian Workers Union (AWU) has taken steps to modify its behaviour and contribute to industry reform as part of an agreement with the Office of the Australian Building and Construction Commissioner (ABCC).
The ABCC brought a prosecution in the Federal Magistrates Court against the AWU and four of its officials for engaging in unlawful industrial action at Roche Mining (JR) Pty Ltd sites in Western Victoria in March 2006.
The parties agreed on the statement of facts and to penalties of $40,000 for the AWU ($20,000 to be suspended) and $4000 for each of the four officials. The matter was heard in the Federal Magistrates Court on 19 April.
The orders made by the Court require the union to abide by the Building and Construction Industry Improvement Act 2005 (BCII Act) and the Workplace Relations Act 1996 for six months If the AWU contravene either Act in this period, the suspended penalty can be imposed by a Court.
The AWU has also demonstrated its willingness to contribute to industry reform by providing training to its officials and delegates in relation to the rights and obligations of the union, including a training session delivered by the ABCC on unlawful industrial action.
The unlawful industrial action occurred when workers took strike action after a mass meeting convened by the AWU over a camp allowance.
The union and its officials failed to ensure that the work continued normally while the camp allowance dispute was dealt with in accordance with the dispute resolution procedures previously agreed between Roche Mining and the AWU.
Three AWU officers admitted to contravening section 38 of the BCII Act and the dispute resolution provisions of the applicable workplace agreement. A fourth AWU officer admitted to contravening section 38 of the BCII Act.
Roche Mining provided evidence that the direct cost to it as a result of the strike was more than $200,000.