The Federal Magistrates Court today ordered the CEPU and Assistant State Secretary, Kevin Harkins pay a total of $19,800 in penalties.
Both the CEPU and Mr Harkins signed an agreed statement of facts, admitting that they engaged in unlawful industrial action in contravention of the Building and Construction Industry Improvement Act 2005 (BCII Act). The CEPU and Mr Harkins agreed to penalties of $11,000 and $8,800 respectively. Federal Magistrate Lucev accepted the statement of facts and imposed the agreed penalties.
The CEPU also agreed that the ABCC provide training to its Tasmanian officials on their rights and obligations under the BCII Act and Workplace Relations Act 1996.
The industrial action was a snap strike of Tasmanian electrical workers on 14 December 2005 when 81 employees of electrical contractors failed to attend for work. Mr Harkins had presided over a meeting at which the vote was taken for workers to withdraw their labour. He also addressed a rally on the day of the strike.
The outcome brings to an end a long running ABCC investigation. Earlier in the investigation, the ABCC had sent “show cause” letters to all the striking workers. Evidence indicated that the workers relied on the advice of Mr Harkins. The ABCC decided not to take action against the striking workers. The ABCC will write to all striking workers, advising of the outcome of the case, and warning that any repeat of such conduct will expose them to the risk of prosecution.
ABC Commissioner John Lloyd said:
“This is the first prosecution by the ABCC in Tasmania. The CEPU and Mr Harkins’ early admission of their unlawful actions and their agreement to a resolution with the ABCC was appreciated.”
“Engaging in unlawful industrial action is unacceptable and the ABCC will continue to investigate and prosecute those who contravene the law. The CEPU’s agreement to ABCC delivered training for its Tasmanian officials is a positive step towards cultural change in the industry.”
“The penalties imposed by the Court will encourage all building participants to abide by the rules and serve as a deterrent against taking unlawful industrial action.”