CEPU union delegate fined over Cairns Convention Centre construction delays

A union delegate who turned a one-hour job into a two-day ordeal on the Cairns Convention Centre construction site has been whacked with a steep penalty.

A UNION delegate who turned a one-hour job into a two-day ordeal on the Cairns Convention Centre construction site has been whacked with a steep penalty.

The Federal Circuit and Family Court has penalised the Communications, Electrical and Plumbing Union (CEPU) $42,000 over the matter.

Its delegate Mitchell Brown was also handed a $10,000 fine for his part in the matter.

The proceedings were brought by the ABCC on the basis Mr Brown had contravened the Fair Work Act by prejudicing workers’ employment by interfering with their work practices and preventing them from performing the tasks required of them because they were not members of the union.

What was supposed to be a one-hour routine drilling task took two days because of repeated interruptions by Mr Brown and his demands to stop work.

The $176m Cairns Convention Centre expansion project is still under way. Picture: Brian Cassey

The court found Mr Brown had repeatedly asked workers over several days to join the CEPU and said words to the effect of: “What are you doing? Why aren’t you part of the union?”

and “By the end of this site you’ll be joining the union”.

He targeted two workers on the $176m job because they were not CEPU members.

Judge Salvatore Vasta found Mr Brown, during a meeting with the pair’s employer, said all workers at the site needed to join the union.

That statement was false – but it had an effect.

The workers finally joined the CEPU on September 8, 2020 to stop Mr Brown interfering with their work.

They immediately reported they felt pressured to do so.

QLD_CP_NEWS_SITE_TOUR_07DEDC21

Judge Vasta said Mr Brown’s interference led to waste in resources, the unnecessary purchase of another ladder and avoidable delays.

“It is instructive to note that once the union memberships were obtained, the spurious interference by (Mr Brown), with the work done of these two employees, ceased,” he said.

Judge Vasta found Mr Brown’s conduct was deliberate and designed solely to overwhelm any resistance from workers to joining the CEPU.

“But more importantly, these actions strike at the very heart of a person’s right of freedom of association,” he continued.

“Any conduct that seeks to destroy, or even put limitations upon, the inalienable right of freedom of association is a repudiation of the principles that have made our nation the bastion of freedom that it is.

“Such behaviour is totally contrary to the fundamental aims of the Fair Work Act.”

Construction workers on the Cairns Convention Centre building site are paid well above the average tradie wage. Picture: Brendan Radke

Judge Vasta said he had been “incredibly impressed” by the contrition and corrective action since taken by the CEPU.

Australian Building and Construction Commission (ABCC) Commissioner Stephen McBurney said that co-operation had led to a reduced penalty.

“The fact remains, however, that the conduct in this case was unlawful,” he said.

“The workers in this case were hindered from doing their job by interference from a site delegate.

“Freedom of association under the Fair Work Act is based upon the fundamental principle that Australian workers have a choice whether or not to join a union.

“This choice is respected in most Australian workplaces.

“Regrettably, all too often in the building and construction industry, we see this choice negated.

“This is not an isolated case, but a regular occurrence dealt with by the ABCC.”

Follow @chriscalcino

Originally published as CEPU union delegate fined over Cairns Convention Centre construction delays