13 July 2015 Industry Update
Finalised FWBC court cases
A summary of FWBC court matters that have been recently finalised:
Court fines CFMEU and official $24,000 after official racially abuses site rep
· CFMEU fined $20,000 and official Bradley Upton fined $4000 for “disgraceful behaviour”
· Mr Upton made “obscene remarks” to one site representative and told another to hit him after he became agitated about the meeting room assigned for discussions with workers
· In its judgement the Court said “The CFMEU’s long history of its officials conducting themselves unlawfully involving the very kind of conduct in which Upton engaged on [8 October 2012] calls for a significant component of specific deterrence.”
· More information can be found in the media release.
CFMEU official banned for 1.5 years after bullying government investigator
· The Fair Work Commission (FWC) has revoked CFMEU official John Perkovic’s right of entry permit.
· FWBC put to FWC that Mr Perkovic was not a fit and proper person to hold a right of entry permit after the Federal Court fined him $5000 for unlawful conduct.
· Mr Perkovic tried to physically intimidate an FWBC investigator and said to him, among other things “You f**kin’ coward, I’d f**kin’ take you to school, you f**kin’ piece of s**t.”
· In deciding to revoke Mr Perkovic’s permit, FWC noted his lack of contrition and remorse.
· More information is available here.
CFMEU fined $109,500 for organising blockade of Bald Hills Wind Farm
· The CFMEU was found to have organised a blockade at the Bald Hills Wind Farm project in Victoria on four separate occasions.
· The $400 million Bald Hills Wind Farm in South Gippsland will contain 52 wind turbines when completed.
· The blockades were in response to the sub-contractor refusing to sign an enterprise agreement with the CFMEU and also in response to a CFMEU official being stood down, pending a WorkSafe investigation.
· The CFMEU was fined $102,500. CFMEU organiser Gareth Stephenson was fined $7000 for his part in the unlawful campaign at the site.
Court fines CFMEU, Shaun Reardon and Danny Berardi $43,000 for coercion
· The CFMEU, Assistant Secretary Shaun Reardon and former official Danny Berardi were found to have attempted to coerce a head contractor into signing an enterprise agreement with the CFMEU
· Mr Reardon told the head contractor “You’ve shown the CFMEU no respect…I’m f***ing sick of it, I’ve had enough and you’ll sign an EBA”.
· Mr Berardi stopped work at the site on a day that a crane had been scheduled to lift concrete panels into place.
· CFMEU fined $43,000 as a result of the blockade which caused financial loss to the head contractor.
· More information can be found here.
CFMEU and officials fined $545,000
· CFMEU and five officials found to have committed unlawful coercion at a taxpayer-funded housing project for the long term homeless.
· The CFMEU and its officials disrupted work at the site in Brisbane for seven days in a bid to coerce the head contractor to sign an enterprise agreement.
· Full details are available in the Industry Update article ‘CFMEU and officials fined half a million dollars’.