In a further legal judgment which reinforces that illegal strike action will not be tolerated, the CFMEU and an organiser were today penalised $8500.
The CFMEU and organiser Daniel Berardi admitted in an agreed statement of facts to taking unlawful industrial action in breach of section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) at the Bialik College site in Hawthorn on 17 July 2007.
ABC Commissioner John Lloyd said unjustified strike action in the building and construction industry is unacceptable. Anyone involved in such action faces the risk of prosecution.
“In this case, the union organiser directed employees to strike simply because the head contractor did not have a workplace agreement with the CFMEU,” Mr Lloyd said.
“This is not a valid reason for workers to strike.
“Australia’s building and construction industry should not have to suffer the delays and cost overruns associated with these irresponsible actions.”
Mr Berardi directed employees of three contractors at the site not to perform any work for the rest of the day because the head contractor, Masbuild Pty Ltd, did not have a workplace agreement with the CFMEU.
The ABCC and the respondents agreed that penalties of $7500 on the CFMEU and $1000 on Mr Berardi, suspended for two years on the condition he does not breach the BCII Act, were appropriate.
Federal Magistrate O’Sullivan accepted the position of the parties and endorsed the agreed statement of facts and penalty.