Darlaston v CFMEU, CFMEU NSW, Parker, Hanlon, Mitchell & Kera
The Federal Court in Sydney has imposed penalties totalling $50,500 on the CFMEU, CFMEU NSW and four of its officials, for engaging in dangerous and abusive conduct while exercising their rights as permit holders.
The union officials refused to participate in a site safety induction, climbed on to scaffolding that was undergoing alterations and refused repeated requests to come down, abused employees, and drove a vehicle into a gate close to where an employee was standing.
ABC Commissioner Leigh Johns said their behaviour was contrary to the important role that union officials play in ensuring occupational health and safety on construction sites.
‘Having regard to the important role that union officials play in ensuring occupational health and safety on construction sites, it is deeply disappointing that the unions in this matter would defend the appalling and dangerous behaviour demonstrated by these officials,’ Commissioner Johns said.
‘Safety is paramount on construction sites. The substantial penalties handed down highlights the importance for all persons, including union officials, to follow the safety requirements on site.’
‘The law sets clear responsibilities and conditions for right of entry on both employers and union officials. The conduct of these union officials displayed a total disdain for the law.’
The contraventions occurred on 3 and 4 December 2008 after CFMEU officials Brian Parker, Rebel Hanlon, Thomas Mitchell and Robert Kera entered the St Patrick’s Estate in Manly, NSW.
In his decision handed down on 23 July 2010, Justice Flick found that the four officials contravened s.758(3) of the Workplace Relations Act 1996 (WR Act) by failing to comply with the site’s OHS requirements.
Justice Flick also found that Mr Parker contravened s.767(1) of the WR Act by hindering and obstructing while exercising rights as a permit holder. Mr Mitchell was found to have acted improperly in contravention of s.767(1) of the WR Act when he drove his car into a fence near an employee.
In handing down his judgment, Justice Flick observed:
“Mere status as a union official of itself confers no untrammelled right of entry to the premises of an employer.”
Judgment, 23 July 2010, point 43
The breakdown of penalties handed down on Friday was as follows: CFMEU ($15,000), CFMEU NSW ($15,000), Mr Parker ($8000), Mr Hanlon ($2500), Mr Mitchell ($7500) and Mr Kera ($2500).