The Federal Circuit Court has today imposed penalties totalling $39,050 against the CFMMEU and its official Blake Hynes after he acted in an aggressive manner and abused subcontractor Enco’s general manager at the Logan Enhancement Project.
Mr Hynes admitted that while exercising right of entry at the $512 million project south of Brisbane in August 2018, he approached the general manager and yelled “you f…ing, dog, c..t”.
As the general manager continued towards a parking area, Mr Hynes continued to shout at him while acting in an aggressive manner and at one point crossed his path.
The CFMMEU was penalised $34,650 and Mr Hynes $4,400.
In his penalty judgment today, Judge Jarratt said:
The conduct by Mr Hynes was unprovoked.
The words he used were objectively offensive. They were unprovoked and aggressive.
Mr Hynes’s conduct was, I accept, antithetical to the rights of entry regime established under the Fair Work Act and was a gross abuse of the entitlements given to Mr Hynes by his entry permit. His conduct was plainly deliberate
The CFMMEU is a large organisation with significant financial resources which exhibits an ongoing willingness to contravene the Fair Work Act. .. Its unending recidivism calls for a penalty at the higher end of the range of penalties appropriate for this contravention.
ABCC Commissioner Stephen McBurney said it was unacceptable for union officials to disregard right of entry laws and act in the improper manner seen in this case.
“Right of entry is a privilege that comes with obligations. It is not a license to abuse or intimidate anyone you come across on site,” Mr McBurney said.
“The Court has found that Mr Hynes flouted the privileges conferred on him as a permit holder.
“Personal abuse of this nature is unacceptable in any workplace.
“As our court results demonstrate, Queensland continues to feature prominently in our litigation. We have more matters before the court in Queensland than in any other state or territory.
“Eight of our ten cases in Queensland currently before the courts involve CFMMEU respondents.”