CFMEU Qld: Members told they can spit, strike if threatened

CFMEU members who find themselves in danger on Queensland worksites may be able to spit, swear, threaten or strike their attacker.

CFMEU national administrator Mark Irving

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CFMEU members who find themselves in imminent danger may be able to spit, swear, threaten or strike their attacker on Queensland construction sites if the action is done in self-defence.

In an internal memo issued to union representatives, national CFMEU administrator Mark Irving has been forced to outline what constitutes menacing behaviour to combat escalating aggression and the alleged presence of bikies at worksites.

The memo also says what constitutes menacing behaviour may be considered differently where self-defence or necessity is involved.

Mr Irving said the memo was a result of requests from union organisers and other staff for more guidance on the definition of menacing behaviour, which he said had become an entrenched practice in the construction industry.

It is understood the memo was issued to organisers across all CFMEU branches when Mr Irving took on the administrator role.

The CFMEU last month hired private security guards at each branch after union members were allegedly threatened by bikies, including in Queensland.

A spokeswoman for the administration said menacing behaviour would not be tolerated from union members, their employers or third parties.

“The purpose of the administration is to strengthen the union by ridding it of corruption, and addressing criminality in the construction industry, and robustly and effectively representing members in construction,” she said.

“Menacing behaviour in construction, by either union or employer representatives or third parties is unacceptable.”

In the memo, Mr Irving defined menacing behaviour as acts that intentionally or would reasonably cause physical or psychological harm to another person.

CFMEU members are dealing with increasing intimidation on worksites.

Examples provided included striking or attempting to strike someone, threatening violence or intimidation including saying, “I am going to f***ing get you,” throwing something at someone, spitting at someone, threatening harm or shouting at someone in a way that would make a reasonable person afraid.

Mr Irving then goes on to say the listed acts would not necessarily be considered menacing behaviour when done in self-defence.

“Or in circumstances of necessity such as to prevent death or serious injury as long as the action taken was reasonable,” he said.

It is understood the clause is in place to allow union members who face immediate threat to their lives the ability to defend themselves against other workers or persons who enter sites such as bikies.

Police Minister Dan Purdie has accused the CFMEU of being in lock-step with bikies, which the union has vehemently denied.

CFMEU QLD-NT administrator Travis O’Brien confirmed bikies are involved in construction in Queensland, but not through the union.

There is no evidence of gang or bikie affiliation with the Queensland CFMEU branch.

Deputy Premier Jarrod Bleijie slammed the national administrator’s decision to issue a memo about menacing behaviour, saying it was “wrong” and showed nothing had changed within the militant CFMEU.

“It says that menacing behaviour has become entrenched and constant part of doing business in some parts of the industrial relations environment, it doesn’t have to be, it shouldn’t be,” he said.

“What sort of message does this send women who want to join the construction industry, that this sort of behaviour is tolerated?

“Spitting on fellow Queenslanders is tolerated if you’re doing it in a self defense or someone spoke raise their voice at you. It’s excusing, the administrator seems to be excusing the behaviour of the CFMEU”.

Mr Bleijie said the need for a guideline from the administration showed how prominent workplace bullying had become within the construction industry.

“Thuggery and intimidation has become the new normal on Queensland worksites thanks to the former Labor government’s sweetheart deal with the CFMEU,” he said.

“For the CFMEU to release a guideline for menacing behaviour shows how entrenched workplace bullying had become.

“All Queenslanders deserve a safe and respectful workplace.”