Director of the Fair Work Building Industry Inspectorate v Joseph Myles & Ors
Court file number: BRG961/2011
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Joseph Myles, Kane Pearson, Shane Treadaway, Builders & Labourers Federation (BLF), Construction, Forestry, Mining and Energy Union (CFMEU) & CFMEU (QLD branch).
Date filed: 31 October 2011
Alleged breach: Right of entry
- Decision handed down 20 December 2013.
- Director, Fair Work Building Industry Inspectorate v Myles & Ors  FCCA 2229 (20 December 2013)
- Declarations and penalties were handed down on 28 February 2014. Penalties totaled $38,500 with $26,400 for the CFMEU, $4950 each for Kane Pearson and Joseph Myles, and $2,200 for Shane Treadaway.
- Orders are available for viewing on the Commonwealth Courts Portal.
The CFMEU and three union officials have been penalised a total of $38,500 for hindering, obstructing and acting in an improper manner on a construction site at 123 Albert St, Brisbane.
The officials entered the site to investigate alleged safety concerns. The Court found that Mr Pearson acted in an improper manner by being rude and offensive, including by swearing at and insulting a site foreman: “you’re a d***head, I’m not dealing with you I want to talk to the [project manager]” and by calling the site foreman a “f***wit,” “deadbeat” or “d***head.”
Mr Pearson was also found to have intentionally hindered or obstructed or acted in an improper manner by causing the disruption to the work scheduled to take place at the site, soliciting business, and contributed in a substantial way to the disruption on the site by imploring workers to down tools.
Mr Treadaway walked around the site with an EFTPOS machine.
When delivering his penalty judgment, Burnett J said words to the effect that the union’s lack of corrective action showed a gross failure of corporate governance and that if a large company did this there would be gross public outcry.
Media release: Media backgrounder - New proceedings launched over right of entry breaches (PDF - 83KB) Media Release - Judge finds CFMEU's actions represent gross failure of corporate governance (PDF - 216K) Media Release - Union officials penalised for hindering work on Brisbane construction site (PDF - 155K)