On 4 July 2019, the Federal Circuit Court in Sydney has imposed penalties totaling $13,500 against the CFMMEU and its then organiser Luke Collier after he refused to follow OHS procedures while on the $163 million Barangaroo Headland Park site on 5 March 2014.
In the earlier liability judgment, the Court found that a request had been made of Mr Collier to comply with an OHS requirement that applied to the site—namely, that he not enter the site unless accompanied by a fully site-inducted Lend Lease project representative.
The Court accepted that this request was contained in the visitor induction document, which accompanied the sign-on book that Mr Collier signed prior to entering the site. The judge found that the request was a reasonable one in the circumstances. Despite the request being made of him, Mr Collier proceeded onto the site without being accompanied by a relevant project representative. Consequently, Mr Collier breached section 499 of the Fair Work Act.The judgment of the Court stated:
“[Mr Collier’s] subsequent conduct in embarking on the safety walk was therefore left without a reasonable explanation. His action could be described as arbitrary, capricious and impulsive.”
Mr Collier also admitted it was an OHS requirement that visitors attending the site remain accompanied by a project representative who has undertaken a full site induction.