The Federal Magistrates Court has penalised the CFMEU and organiser Adrian McLoughlin a total of $46,200, holding them to account for unlawful industrial action taken at a Melbourne construction site.
John Lloyd, Australian Building and Construction Commissioner, welcomed the penalties.
‘The case involves a return to a practice that many in the industry thought eradicated. A concrete pour was interrupted after commencement.
This type of industrial action is totally unacceptable and should not occur in contemporary workplaces.
The penalties are severe and reflect the seriousness of the actions,’ Mr Lloyd said.
In a statement of agreed fact the union and Mr McLoughlin admitted he unlawfully disrupted a concrete pour at the Alto Apartments project in February 2008.
Federal Magistrate Burchardt accepted the agreed statement of facts and found Mr McLoughlin attended the site and directed employees of a contractor on the $45 million project to unlawfully stop work.
In handing down the decision Burchardt FM noted:
‘There has been no indication of contrition by either respondent nor has there been any form of training or other initiatives undertaken by the CFMEU to ensure both its officers and/or particularly Mr McLoughlin do not commit further contraventions in the future.’
The parties acknowledged that the disruption to the concrete pour resulted in additional labour and materials costs for the head contractor. A further application will be put to the Court regarding costs.