Penalties totalling $9,100 were imposed on the CFMEU and its representative Robert Wakelin by the Federal Court at Sydney yesterday.
After reaching a settlement with the ABCC, the CFMEU and Mr Wakelin admitted to contravening the Building and Construction Industry Improvement Act 2005 by engaging in unlawful industrial action. The action took place at the Lake Cowal gold mine site, near West Wyalong in NSW on 10 November 2005.
In the agreed statement of facts Mr Wakelin admitted to encouraging employees to go on strike for the rest of the day after an authorised stop-work meeting. The meeting had exceeded the authorised time and the employees had been told to return to work. Mr Wakelin was fined $1,100 for his actions.
In handing down her decision, Jagot J. rejected a submission by the CFMEU that there be no penalty. Her Honour stated that:
“To make no order by way of penalty, even given the offer of training by the CFMEU, would undermine the objects of the BCII Act.”
Jagot J. decided that the CMFEU should incur a greater penalty than Mr Wakelin to act as a specific deterrent against future breaches. The CFMEU was fined $8,000.
The CFMEU have also agreed to provide formal training to Robert Wakelin, Charles Abela, Mark Batzloff and Robert Jones in respect of all their obligations under the BCII Act. The CFMEU have agreed to consult with the ABCC as to the nature and content of the training to be provided.
On 15, 16 and 17 September 2008, Jagot J. heard evidence regarding the alleged liability of the AWU, AWU (NSW) and Joseph O’Connor. The decision against these remaining respondents has been reserved.
As the matter remains before the court, the ABCC is currently unable to make further comment regarding this proceeding.