Penalties totalling $38,500 have been imposed on the CFMEU and one of its organisers by the Federal Magistrates’ Court in Melbourne today.
In handing down his judgment Federal Magistrate Turner said:
“Mcloughlin was aware that when he . . . called the meeting during working hours, the employees would be docked 4 hours pay and would therefore be likely to walk-off the site for the remainder of the day. The Court accepts that McLoughlin chose to conduct the meeting during working hours so as to cause maximum disruption. The breach by him was deliberate.”
On 26 September 2006 Adrian McLoughlin called an unauthorised stop-work meeting of workers at the Yarra Arts Complex, Southbank, Melbourne. The workers were employed by Bovis Lend Lease Pty Ltd, Sergi Group Pty Ltd, Diso Constructions Pty Ltd and W&M Excavations Pty Ltd.
The stop-work meeting was called at 11.00am.
The majority of employees who attended the meeting failed to return to work for the rest of the day. Mr McLoughlin and the CFMEU admitted to contravening s.38 of the Building Industry Improvement Act 2005 by taking unlawful industrial action.
ABC Commissioner John Lloyd says the penalties are a reminder that unlawful industrial action is a serious contravention:
“This was a significant Melbourne construction project. Over eighty per cent of employees at the site walked off the job.”
“Unlawful behaviour of this nature adversely affects all building industry participants on a site, not just the contractors involved.
“Dispute resolution procedures in agreements must be observed. I urge industry participants to resolve industrial disputes lawfully and follow agreed dispute resolution procedures.”
The CFMEU was penalised $27,500. A penalty of $11,000 was imposed on Mr McLoughlin, half suspended for two years.