CFMMEU ‘troglodytes’ fined over ‘homophobic slurs’ in latest ABCC win

The building regulator Anthony Albanese is axing has secured maximum court fines, with the judge comparing union officials to “troglodytes” over “disgusting homophobic slurs”.

A judge has compared the actions of two CFMMEU representatives to those of “troglodytes”, imposing the maximum fines for improper actions on a rail project that included one of the officials accusing a safety adviser of trying to look at his penis in a toilet after the other official had used the homophobic slur “pumpkin eater” towards the adviser.

In proceedings brought by the Australian Building and Construction Commission – which the federal Labor government plans to abolish — the Federal Circuit and Family Court on Thursday ordered the Construction, Forestry, Mining, Maritime and Energy Union to pay the maximum penalty of $126,000.

Officials Luke Gibson, who used the slur, and Andrew Blakeley were hit with the highest possible personal fines of $12,600 each.

Judge Salvatore Vasta did not hold back when explaining the reasons for his decision, which ended with a call for Canberra to increase the size of available fines.

“The behaviour of uttering quite disgusting homophobic slurs has been consigned to the chapters of the dark history of Australia where the hurling of vitriolic insults which targeted a person’s sexuality, race or religion were unfortunately tolerated as if such belittling and bullying was something that a victim just ‘had to cop’,” Judge Vasta said.

CFMMEU official Andrew Blakeley has been fined. Source: Facebook

“Those days are thankfully gone and only troglodytes would attempt to resurrect them.”

Judge Vasta set out why he penalised the union officials personally, saying “there will be no ‘sting’ to any penalty ... (unless) respondents personally pay the penalty. He said the fines would “still be insufficient” deterrence to the unions: “But this is the only tool that the parliament has given to the Court to deter such contraventions.

Mr Blakeley received the maximum penalty. Source: Facebook

“It is a matter for the parliament as to whether they wish to give the Court sufficient power to actually deter such contraventions of the FW Act or whether they are content with the status quo.”

The offences occurred at Brisbane’s Cross River Rail project in April 2020.

In separate proceedings relating to Cross River that are still to be determined by a court, the ABCC has alleged Mr Blakeley used his hip and shoulder to push a site supervisor out of the way so a superannuation fund vehicle carrying a BBQ could enter the site.

If the Albanese government succeeds in abolishing the ABCC, it would be possible for the Fair Work Ombudsman to investigate similar matters and bring proceedings in the future, provided it received additional resources to do so.