July - August 2016 Industry Update

Outcomes of criminal matters prosecuted by Commonwealth Director of Public Prosecutions

FWBC investigators have been called as witnesses in two criminal cases against CFMEU officials finalised in August.

The cases, which were prosecuted by the Commonwealth Director of Public Prosecutions, resulted in criminal convictions for CFMEU organisers Luke Collier and Kane Pearson.

On 17 August 2016, Mr Pearson was found guilty of two charges of threatening and intimidating two FWBC inspectors at the Sunshine Coast University Hospital site and a further charge of threatening and intimidating an FWBC inspector a Queensland University of Technology site. In relation to the third charge, Mr Pearson was found to have verbally abused and attempted to punch the inspector.

Three further charges against Mr Pearson were dismissed.

Convictions were recorded for each of the three offences, for which Mr Pearson was fined a total of $3,200. He has now relocated to the Victorian branch of the CFMEU.

On 26 August 2016, Mr Collier was found guilty of attempting to intimidate an FWBC inspector at the Barangaroo project site. Mr Collier was found to have called the inspector a “grub” and said “you’re lower than a f-cking paedophile”. He also read out the inspector’s phone number and said “Do you think your phone number’s the only thing I’ve got?”, which the court found was meant to intimidate the inspector.

Before making her findings, Magistrate Greenwood commented that “members of the community might be shocked or troubled by this… cowardly, bullying, disgusting, disgraceful and disrespectful behaviour”.

Two further charges against Mr Collier were dismissed.

Mr Collier was fined $1,000 and placed on a two-year good behaviour bond. He has now relocated to the West Australian branch of the CFMEU.

In July, CFMEU officials Chad Bragdon and Mark O’Brien were found not guilty in cases brought against them by the CDPP.

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