Gregor v CFMEU, Christopher & Ors
Cozadinos v CFMEU, Christopher & Ors
The Federal Court in Melbourne has imposed penalties totalling $415,000 on the CFMEU and seven of its officials, over two matters involving unlawful industrial action that occurred in late 2008 and early 2009.
In Gregor v CFMEU, Christopher and Ors, the court imposed penalties totalling $305,000 on the CFMEU and six officials for disrupting work at the Royal Children’s Hospital and six other sites in Melbourne, to coerce the builder into employing a particular person.
In Cozadinos v CFMEU, Christopher & Ors, the court imposed penalties totalling $110,000 on the CFMEU and four of its officials, for disrupting work at the Royal Children’s Hospital and other sites across Melbourne to protest the swipe-card security system utilised by Bovis Lend Lease.
“Coercion and unlawful industrial action remain a high priority of our full service regulation of the building and construction industry,” ABC Commissioner Leigh Johns said.
“Our Litigation Policy makes clear that serious breaches like these justify civil penalty proceedings, to hold to account those who show no respect for the rule of law.
“There is no room in the Fair Work system for those who use the blunt instrument of unlawful industrial action to try to force into submission employers operating within the law.
“The community suffers through the economic impact caused by lost productivity, and the hindrance to the construction of vital infrastructure, such as the New Royal Children’s Hospital.
“Of course successful legal action like this is also comes as a significant cost to the unions, a cost that can be avoided. Construction unions can choose to pursue their industrial aims within the bounds of the law.
“Union members pay their dues in good faith so that the leadership of their union can advance their industrial interests, not so organisers can squander funds paying for repeated unlawful actions, admitted by the unions. This should concern all union members.
“This month alone, the Court has ordered the Victorian branch of the CFMEU and its officials to pay a total of $975,000 in penalties and compensation.
“The Victorian branch was ordered to pay some $2.5 million dollars last financial year as a consequence of breaking the law, a staggering waste of members’ funds.”
“That’s $2.5 million that could otherwise have been spent on training, industrial research, OHS information and other member services, if only the unions’ leadership had complied with the law.
The Federal Court is set to publish reasons for judgment in each matter later next month. The orders made in Gregor v CFMEU, Christopher & Ors are available here, and the orders made in Cozadinos v CFMEU, Christopher & Ors are available here.