Director of the Fair Work Building Industry Inspectorate v Michael Myles & Ors
Court file number: BRG312/2015
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Michael Myles and CFMEU.
Date filed: 14 April 2015
Alleged breach: Industrial action
A penalty decision was handed down on 8 April 2016. Penalties totalling $45,000 and $7,000 were imposed on the CFMEU and Michael Myles respectively.
Director, Fair Work Building Industry Inspectorate v Myles & Anor  FCCA 772 (8 April 2016)
FWBC launched Federal Circuit Court proceedings against the CFMEU and official Michael Myles after he allegedly disrupted two major concrete pours on the $60 million project at the Queensland University of Technology.
FWBC alleged that:
Mr Myles held eight separate meetings with the workers over five days, with the meetings lasting for up to two-and-a-half hours. As a result of these meetings, two major concrete pours which were scheduled to take place could not proceed.
When asked whether he held any imminent safety risks or safety concerns and why he was on site, Mr Myles told the site manager “No, I’m just here to meet with the workers”. The project manager told Mr Myles he was trespassing. When police arrived, Mr Myles had moved to an area off site near the boundary fence. Police issued him with a move on order.
After disrupting the site for a third day, Mr Myles informed the site manager that “Things could return back to normal if my access to site is not restricted, that is, no 24 hour notice and no sign in so I can carry on discussions with the workers. You’ve also got a need for an extra labourer to clean sheds and you’ve got to have flags on the cranes”.
Unsatisfied with the response of “No way” he received from the project manager, Mr Myles organised a meeting in the car park of the site and advised the site manager that “The meeting has decided that as a result of your actions in causing safety issues on site, you need to be stood down from the site for one day and that you need to be re-inducted. The men are going to sit out and not do any work until you comply with this requirement”.
The site manager advised that he was happy to compromise, offering to complete some audits. FWBC alleges that Mr Myles replied “No we have decided, we want you stood aside and re-inducted,” before the 40 workers downed their tools and walked off site.
On 8 April 2016 the Federal Circuit Court ordered penalties totalling $52,000 against the CFMEU and Mr Myles. Judge Jarrett found Mr Myles’ conduct to be “a deliberate and intention disregard of workplace laws”.
For more information please view the document(s) attached below.
Media release: Media backgrounder - CFMEU official allegedly causes chaos on site after his demands not met (PDF 312KB) Media release - CFMEU official allegedly causes chaos on site after his demands not met (PDF 288KB) Media release - CFMEU and official fined $52,000: Judge described union record as ‘woeful’ (PDF 32KB)