CFMEU fined nearly $200,000 in Westform strike over one hour’s pay
The NSW CFMEU has been fined nearly $200,000 after it organised a strike for Sydney construction workers disputing one hour’s pay.
NSW
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The state’s construction union has been fined nearly $200,000 after it encouraged Sydney workers to strike amid a dispute over one hour’s pay.
The Federal Court has found the NSW Construction, Forestry, Maritime, Mining and Energy Union breached the Fair Work Act when it organised for about 25 Westform subcontractors to stop working at a Glebe building site in 2018.
Justice Geoffrey Flick SC slapped the body and its official Anthony Sloane with a combined $193,000 penalty on Tuesday, ruling Mr Sloane had broken the law by pursuing a pay claim “in circumstances where it had no merit.”
Westform employees downed tools at the Mezzo apartment block project site on Bay Street on February 20, 2018.
They refused to work between 7.30am and 10.30am due to a feud with management over payment for one hours’ work on February 10, which was lost due to rainy weather.
Mr Sloane demanded entry to the site with fellow union member Brendan Holl, who told a Westform supervisor “it’s fine that they sat in the sheds, but they should have been paid for the time they were in the shed”, court documents show.
They said Westform Formwork Contractors, which was a subcontractor to Parkview Constructions on the day, was also behind in entitlement payments for the workers.
Mr Sloane then told the Westform manager “you can call the police, the ABCC or even God, but I will not be moving from this site until the payments I’ve requested have been paid.”
“I’m going to park myself here on the job and cause issues for Westform if you don’t fix this,” he said.
After being urged to get the workers back on the job Mr Sloane said “this has come from above my head. The boys aren’t going back to work.”
But two-and-a-half hours later he told Westform’s union delegate that the workers could resume their duties as he’d gotten a call from former NRL player turned senior union official Michael Greenfield, who last year was spared a conviction for cocaine possession.
The Australian Building and Construction Commissioner launched legal action against the CFMEU and Mr Sloane, who both admitted to contravening the Fair Work Act and the Building Industry Act over the unlawful industrial action.
The body, which, represents more than 30,000 construction workers, was fined $168,000 while Mr Sloane was slapped with a $25,000 fine - both less than half the maximum penalties.
Justice Flick found Mr Sloane on several other occasions had “deliberately exceeded his powers of entry as a union official”, as had other members of the CFMEU.
“Neither the CFMEU nor Mr Sloane have expressed any regret or remorse for having engaged in the conduct now in issue,” he said.