Wotherspoon v CFMEU, Stephenson & Slater
The CFMEU, organiser Gareth Stephenson and delegate Harry Slater were penalised $31,000 after they admitted to organising a half-day strike on the Monash Freeway Widening project on 30 April 2008.
In an agreed statement of facts Mr Stephenson and Mr Slater acknowledged that they encouraged workers to strike on 30 April 2008.
The CFMEU representatives held two meetings with employees at the project, raising a claim for improved access to toilet amenities on the site. After the second meeting workers walked off the job and did not return to work for the remainder of the day.
ABC Commissioner John Lloyd said:
“The safety concerns raised by Mr Stephenson and Mr Slater regarding the toilet facilities should have been resolved with site management and did not justify the work stoppage.
“Encouraging employees to take a vote on industrial action in such circumstances is irresponsible.
“Building industry laws protect a worker’s right to strike if there is a reasonable concern about an imminent risk to health and safety. This strike action abused the right and it is appropriate that the parties were punished.”
The Federal Magistrates Court found that the CFMEU, Mr Stephenson and Mr Slater contravened s.38 of the Building and Construction Industry Improvement Act 2005 by procuring industrial action. The court penalised the CFMEU $25,000, Mr Stephenson $5000 and Mr Slater was given a $1,000 penalty suspended for 12 months.
Federal Magistrate Turner made his finding on 10 February 2010 and published the reasons for his decision today.