The Federal Court in Melbourne today handed down penalties totalling $110,000 on the CFMEU and four of its officials, and the CEPU and one of its officials.
The penalties were imposed on the union and organisers after the court found that industrial action organised in mid-2008 was unlawful, and arose from Bovis Lend Lease introducing a swipe card system called ‘Blue Glue’ at the:
• ANZ site at Docklands;
• Myer site at Docklands;
• Montage site at Docklands; and
• New Royal Children’s Hospital project at Parkville.
“This matter is another example of unlawful industrial action that was unwarranted. The underlying dispute could have been resolved without industrial action being taken,” said Australian Building and Construction (ABC) Commissioner Leigh Johns.
“The unlawful industrial action included work stoppages, a rally, and a human blockade created to prevent concrete pours from occurring at the ANZ project in the Docklands precinct.
“The delays and costs associated with unlawful industrial action have a broad impact that extends beyond the construction industry, particularly when the action affects, as it did in this matter, the timely completion of the new Royal Children’s Hospital.”
In a statement of agreed facts, the respondents admitted to 14 contraventions of s.38 of the Building and Construction Industry Improvement Act (2005) (BCII Act) that took place on 23 May 2008, 14 August 2008 and 28 August 2008.
In imposing the $110,000 penalties, the Federal Court endorsed the penalty submission made by the ABCC and the respondents.
“The agreed, and now Court imposed, penalty appropriately recognises the gravity of the conduct,” Commissioner Johns said.
“The ABCC’s new litigation policy provides that, where possible, we will work with those suspected of contravening the law to avoid extended court proceedings.
“This applies at all stages of the process — including during the determination of penalties — so that all proceedings brought by the Commission meet the highest standards of procedural fairness and public interest.”
EDITOR’S NOTE: The schedule of penalties is attached.
Schedule of Penalties