Ruling on injunction to ban CFMEU from intimidating CPD staff to be made Thursday

A court hearing has grappled with the question of whether men wearing black hoodies with white CFMEU lettering were in fact members of the militant union.

There were protests at Cross River Rail sites across Brisbane this week. Picture: David Clark

The thousands of Queenslanders who usually catch the train to the Ekka next month may have to catch buses to the iconic event due to this week’s tense CFMEU protests at the partially built Ekka station as part of the Cross River Rail project, a court has heard.

In submissions to the Federal Court in Brisbane yesterday, Shannon Moody, counsel for CPB Contractors Pty Ltd, the Cross River Rail lead contractor, told Justice Berna Collier that the “chilling effect” of the union’s harassment of CPB staff and CRR subcontractors could also put at risk the plan to test the first train to travel under Brisbane in the new railway tunnels on July 27 and 28.

Ms Moody quoted from the affidavit of CPB staffer Terry Prior stating that work must occur on the CRR in coming days or this vital train test could be aborted.

Mr Prior alleges that critical deadlines are missed because a substantial number of the 1500 to 2000-strong subcontractor workforce aren’t showing up to work due to intimidation and harassment tactics of the CFMEU.

Mr Prior believes the CFMEU intimidation and threats to subcontractors denies the CRR project the workforce it needs to continue its operations and meet its objectives, Ms Moody said.

As part of her bid for an urgent injunction, Ms Moody submitted the CFMEU had taken widespread industrial action with picket lines across 16 sites.

She claimed that CPB staff and contractors have been threatened to have their photo shared on a WhatsApp group if they cross the CFMEU’s picket lines, and they had been called “scum” and “grubs” both orally and in placards.

She made the submissions as part of CPB’s bid to get an injunction banning the militant union from intimidating and harassing CPB staff, including by taking photos or videos.

Justice Collier has retired to consider whether she will grant the injunction, and her decision is expected late on Thursday night or Friday morning.

Ms Moody told the court that the alleged intimidation of workers by the CFMEU had occurred at three CRR sites including at the Roma St entrance of the Brisbane City Cross River Rail site, the Albert St entry and the entry on Vulture St in Woolloongabba.

Ms Moody has asked the court to ban the CFMEU’s officials, delegates and staff from intimidating or harassing people, or blocking the points of entry, at the CRR work site, submitting that the union was liable because their actions were “co-ordinated” across sites.

But barrister Charles Massy, for the union, denied the union had “organised” any intimidation, saying that CPB had only reported incidents at three sites out of a total of 16 around the city.

“If this was being organised by my client that you would see it occurring everywhere, the fact that it is not rather suggests that it is individuals who are overstepping the mark and getting carried away but not conduct which is being organised by the union,” Mr Massy said.

CPB staffer Murray Leslie Harris told the court that men wearing black hoodies with white CFMEU lettering told him “stand with your brothers and sisters, and don't cross the picket line” when he tried to enter the CRR site on Tuesday.

He was unable to identify whether these men were delegates of the union or not.

“So people have taken hoodies from the CFMEU and are wearing them or are friends of the CFMEU or something?” Justice Collier asked Mr Massy.

“They are available for sale. They are part of the merchandise that the union sells,” Mr Massy replied.

Mr Massy said that the court could not make a wide-ranging order restricting the movements of its 13,000 to 15,000 Queensland construction division members because the union is not legally responsible for their conduct.

Mr Massy said that the court can only make orders against the union itself and named respondents to the injunction application.

Mr Massy said he would not oppose the court making an order banning the union and its officers, delegates and staff from photographing or recording people or vehicles entering or leaving the CRR sites.

Ms Moody earlier alleged that the CFMEU called the general manager of a concrete company which had sent three concrete trucks to a CRR site this week, and told him that “if they continue to pump concrete they would be blackballed in Queensland”.

Mr Massy submitted that he had a statement from the concrete company official denying the claim.

“At no time has any person approached me and warned me that DMG would be black-listed or words to that effect, from the industry for supplying concrete for the Cross River Rail project,” Mr Massy said the statement read.

Mr Massy was referring to De Martin and Gasparini, known as DMG.

Ms Moody told the court that she was unsure whether the man who gave the statement from DMG was the same person who was alleged to have been threatened with blackballing.

Mr Massey submitted that Ms Moody’s submission was mere hearsay, and told the court that Ms Moody refused to reveal the identity of the concrete worker who claimed to have been blackballed, so they should be struck out from an affidavit before the court.

Mr Massy said closed circuit TV footage of various picket lines across inner Brisbane played to the court by Ms Moody was not conclusive evidence that it was CFMEU members who allegedly intimidated CPB staff at CRR sites this week.

A Cross River Rail Delivery Authority spokesman confirmed it was possible the new Exhibition Train Station could be opened temporarily for this year’s Ekka pending some final works.

But “any delays” or “unforeseen impacts” could prevent this from happening.

“Of course, any delays to work or unforeseen impacts at this critical stage make it more challenging to be able to open Exhibition station safely for Ekka,” he said.

“We will ensure that confirmation of the station’s readiness is provided well in advance of the show, so people can plan ahead.”