CFMMEU boss Andrew Sutherland found guilty of Fair Work breach
THE new head of the state’s construction union contravened three sections of the Fair Work Act by blocking a crane at a Queensland work site, a Federal Court judge has found.
THE new head of the state’s construction union contravened three sections of the Fair Work Act by blocking a crane at a Queensland work site, a Federal Court judge has found.
Justice John Reeves found Andrew Sutherland, the acting SA state secretary of the Construction, Forestry, Maritime, Mining and Energy Union, contravened the Act by blocking in a crane at a work site in 2012.
Mr Sutherland was an organiser for the union’s Queensland branch at the time of the offence.
The national assistant secretary of the union has been the head of the SA branch since long-serving state secretary Aaron Cartledge resigned in July.
Justice Reeves found CFMEU – now known as the CFMMEU – officials guilty of contravening the Fair Work Act in four separate incidents, including when Mr Sutherland and fellow organiser Paul Cradden stopped work on the Brisbane Port Connect project by blocking a crane belonging to Universal Cranes.
The CFMEU and Universal Cranes had a dispute because the company had not signed a CFMEU model workplace agreement.
Justice Reeves found Mr Sutherland was “directly involved” in blocking the crane, breaching three sections of the Fair Work Act. He also found Mr Sutherland’s actions meant the union had breached two further sections of the Act.
Justice Reeves found Mr Sutherland had also warned the project manager that work would continue to be stopped if he did not change crane companies.
“Mr Sutherland had no legitimate entitlement to enter the Port Connect site on 16 October 2012 and he certainly had no legitimate entitlement to block the use of the Universal Cranes Franna crane on that site on that day.”
Mr Reeves is yet to determine what penalties will apply to the union officials, including then Queensland state secretary Michael Ravbar.
Mr Sutherland was not available for comment. Master Builders Association of SA chief executive Ian Markos said it would be “extremely difficult” to find a better example of a recidivist than the CFMMEU”.
“Their repeated unlawful behaviour over many years clearly demonstrates they think they are above the law,” Mr Markos said.
“If everyone acted like the CFMMEU there would be total anarchy. South Australia’s economy is on the up – the last thing we need right now is this type of behaviour in South Australia.”