Director of the Fair Work Building Industry Inspectorate v Joseph McDonald & Ors
Court file number: WAD278/2012
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Joseph McDonald, CFMEU & CFMEUW
Date filed: 16 October 2012
Alleged breach: Industrial action
- On 20 December 2013, Barker J ordered the CFMEU, its official Joseph McDonald and the CFMEUW, to pay penalties totalling $193,600 for their role in unlawful industrial action at Citic Pacific's Sino Iron Ore Pilbara site.
- Director of the Fair Work Building Industry Inspectorate v McDonald  FCA 1431
FWBC alleges that the CFMEU, CFMEUW and CFMEU WA Assistant Secretary Mr Joseph McDonald contravened s38 of the Building and Construction Industry Improvement Act 2005 by engaging in unlawful industrial action on the Citic Pacific Sino Iron Ore Mine Site on 21 February 2012.
Citic Pacific is responsible for the construction of the Citic Pacific Sino Iron Ore Mine Site at Cape Preston, Karratha. Citic Pacific engaged Karridale Group Pty Limited, Programmed Construction & Maintenance Pty Ltd (PCM) and Construction Industries Australia Pty Ltd (CIA) as subcontractors.
Mr McDonald attended the site at 5am on 21 February 2012 and convened a meeting of 87 employees of the subcontractors. An industrial relations consultant, who was engaged by Citic, asked Mr McDonald to leave the site as he didn’t have a right of entry entry permit or permission to be there. Mr McDonald allegedly told the consultant to “f**k off”.
The consultant again asked Mr McDonald to leave because he didn’t have a right of entry permit and Mr McDonald allegedly responded “I haven’t had one for seven years and that hasn’t f**king stopped me”.
Mr McDonald allegedly told the assembled workers that he was likely to be arrested for coming on site and that the workers would be docked four hours pay for attending the unauthorised meeting. Mr McDonald asked for a show of hands of who would go on strike for the day in support. A majority of workers raised their hands.
FWBC alleges that 48 CIA employees and 29 PCM employees went on strike.