Director of the Fair Work Building Industry Inspectorate v Scott Vink & Anor
Court file number: BRG68/2015
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Scott Vink, CFMEU and CFMEU Queensland.
Date filed: 27 January 2015
Alleged breach: Right of entry
A penalty decision was handed down on 9 March 2016. Penalties totalling $48,000 and $9,000 were imposed on the CFMEU and Mr Vink respectively.
Director of the Fair Work Building Industry Inspectorate v Vink & Anor  FCCA 488 (9 March 2016)
FWBC filed proceedings in the Federal Circuit Court against the CFMEU, the CFMEU Queensland (CFMEUQ) and CFMEU official Scott Vink on 27 March 2015 for allegedly breaching right of entry provisions.
On 5 March 2014 Mr Vink entered the Pacific Fair Redevelopment Project at Broadbeach.
Mr Vink entered the site shed occupied by a subcontractor and proceed to remove workers’ belongings from the site shed, including lunches from the refrigerator, and leaving them outside.
When approached by the site’s health and safety manager, Vink was launched into an obscenity-laced tirade claiming workers who were not CFMEU members were not allowed to keep their lunch in site fridges. Mr Vink then padlocked the site shed preventing access by workers.
An audio file of the exchange obtained by FWBC includes the following comments:
- “Get out of the shed you scab.”
- “You’re a f*cken piece of sh*t mate, that’s what you are.”
- “What did I just say mate? Get this sh*t out of the f*cken shed. Don’t make it any worse.”
- “No, maybe you can put Neil’s stuff in the fridge, Neil’s a union member.”
The penalties handed down were just shy of the maximum of $10,200 for an individual and $51,000 for an organisation.
For more information please view the document(s) attached below.
Media release: Media backgrounder - CFMEU official allegedly locks non-union workers out of smoko shed and throws out their lunch (PDF 67KB) Media release - CFMEU official allegedly locks non-union workers out of smoko shed and throws out their lunch (PDF 286KB) Media release - “Sheer thuggery”: CFMEU and official fined after intimidating workers (PDF 44KB)