Director of the Fair Work Building Industry Inspectorate v Michael Robinson & Ors
Court file number: NTD45/2015
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Michael Robinson, Shaun Taylor, Michael Haire, CFMEU and CEPU.
Date filed: 27 July 2015
Alleged breach: Industrial action
A penalty decision was handed down on 16 May 2016. Penalties totalling $94,000 were imposed on the CFMEU, CEPU and three union officials.
Director of the Fair Work Building Industry Inspectorate v Robinson  FCA 525
FWBC has launched proceedings against the CFMEU, the CEPU and three union officials following unlawful industrial action targeting the $45 billion Ichthys LNG development, one of the world’s most significant oil and gas projects.
FWBC alleges as follows:
In June 2014, a flyer was circulated to workers on the project, inviting them to a meeting to discuss purported parking problems.
On 19 June 2014, CFMEU organiser Michael Robinson conducted a meeting at the Yarrawonga Park and Ride because the CFMEU did not believe the head contractor was doing enough to rectify “issues” on the project, such as not providing enough car parking.
That same day, at the Airport Park and Ride, CFMEU organiser Shaun Taylor and CEPU organiser Michael Haire addressed workers who were due to board the bus and perform work on the project that day. Mr Taylor told the workers “…You guys need to go home. It might be called strike action and there might be 418 orders and all that but we’ll back you all the way. 100 per cent”. Michael Haire said, “The congestion is wrong and not getting on the buses would send a message to [the head contractor]”.
Shortly after the conclusion of the two meetings, the workers who attended the meetings failed to board the buses to transport them to the site and therefore did not attend for or perform any work.
On 16 May 2016, the Federal Court ordered penalties of $6,700 to each official and $39,000 and $35,500 to the CFMEU and CEPU respectively. In handing down the penalty, Judge Charlesworth said “In all of the circumstances, I regard the mental attitudes accompanying the contraventions of Mr Robinson, Mr Taylor and Mr Haire as defiant and serious.”
For more information please view the document(s) attached below.
Media release: Media backgrounder - CFMEU & CEPU allegedly organise strikes to “send a message” to head contractor (PDF 382KB) Media release - CFMEU & CEPU allegedly organise strikes to “send a message” to head contractor (PDF 367KB) Media release - Darwin industrial action leads to $94,600 penalty (PDF 285KB)