South Australian branch of the CFMEU fined almost $1 million for workplace law breaches across Adelaide building sites
THE South Australian chapter of one of the nation’s strongest unions and its members have been fined almost $1 million for multiple workplace law breaches across Adelaide building sites.
SA News
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THE South Australian chapter of one of the nation’s strongest unions and its members have been fined almost $1 million for multiple workplace law breaches across Adelaide building sites.
On Friday afternoon, Federal Court Justice Richard White imposed fines upon the CFMEU and several of its high-ranking members.
The union was fined $856,000 while individual members’ fines totalled $81,100 — resulting in a final penalty of $937,100.
Outside court, unionist Dave Kirner — who was fined $700 over his 2012 attendance on the SAHMRI building site — said it was “a dark day” for Australian workers.
He said the fines demonstrated the sorts of action that would be taken against unions if the Australian Building and Construction Commission was brought into existence.
“The public needs to know a number of these fines were issued when we went on to sites to get asbestos report forms, to assist in suicide prevention and investigate unsafe practices,” he said.
“I was fined because I went to tell workers one of their mates was on suicide watch, and that they should look out for him over the weekend.
“The Liberal Government has no interest in worker safety or what workers go through on a daily basis, and we will fight them every step of the way.”
The penalties relate to seven cases of industrial workplace law breaches committed by CFMEU officials at building sites across Adelaide between October 2013 and May 2014.
On October 30, 2013, five CFMEU officials entered the Lend Lease site at Flinders University to have the union’s flag affixed to a crane.
The court heard the officials said words to the effect of: “Why isn’t the flag on the hook? We want the flag on the hook. If you don’t do it, we will stop the job”.
They further stated: “If you don’t put it up there we will bring back 10 brothers tomorrow and stop the job.”
Those officials, and other union members, also illegally entered sites at Adelaide Oval, TAFE and the Convention Centre, in the CBD, on the same day
The Adelaide Oval site was unlawfully entered three more times — on October 31 and November 12 and 13 that year.
On one of these days, cricket was being played and, on another, an official removed safety bunting and walked into an area which was marked as an exclusion zone.
He then called a cricket ball retriever, employed by the stadium, into the exclusion zone.
On November 11, 2012, union officials entered the SAHMRI site on North Tce without having provided 24 hours’ notice of their intention to do so.
The official was refused entry by the site manager, and told to leave, but did not comply.
On November 22, 2013, another official entered the site without notice and ignored the manager’s directions.
On 31 March 2014, two CFMEU officials entered the site of the Adelaide High School redevelopment site without notice and failed to leave when directed.
A similar incident occurred at the Minda Homes site, Somerton, on 28 April 2014, and at 242 Flinders St on May 5, 2014.
On the same day as the Flinders St incident, officials unlawfully entered 379 King William St and, the next day, committed the same offence at the IBIS Hotel site on Grenfell Street.
Union heavyweights, including state secretary Aaron Cartledge, received individual fines of between $750 and $9700 for either breaching the laws or acting as accessories to their offending colleagues.
Justice White said that, in all but one case the CFMEU itself was equally culpable for the breaches and should also be liable to pay a fine.
The individual fine imposed upon the union ranged from $12,500 to $32,500.
Each of the 13 cases resulted in multiple fines for both the union and unionists.
Justice White also published declarations that the CFMEU and the individuals breached the law.
Outside court, Mr Cartledge said the fines demonstrated Fair Work Building and Construction’s bias against unions.
“The FWBC chooses to pursue us when our members are suffering on jobs, when subcontractors are not being paid, when workers are being exploited,” he said.
“We are disappointed by FWBC’s behaviour.”
FWBC director Nigel Hadgkiss said the CFMEU had been pursued over 1,123 alleged breaches of the law.
“To date, the CFMEU and its officials have been penalised a total of over $7 million as a result of court actions brought by my agency,” he said.
“These are yet more examples of the contempt for the rule of law which exists in Australia’s building and construction industry.
“This kind of coercive behaviour comes at an enormous cost to the industry and national economy.”
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