CFMEU action on Gold Coast Commonwealth Games site ruled illegal

A SERIES of stopwork meetings which resulted in as little as two hours’ work a day being performed on a Gold Coast Commonwealth Games site have been ruled unlawful.

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THE militant construction union’s industrial war against a major contractor — which jeopardised deadlines for a $126 million Commonwealth Games site — was illegitimate, a judge has declared.

The Construction Forestry Mining and Energy Union held two-hour meetings, twice a day for three weeks last May at the Carrara Sports and ­Leisure project on the Gold Coast.

The site is operated by contractor Hansen Yuncken.

Pictures taken at the time showed workers lazing on the grass during the meetings, which also featured union-run barbecues.

One such union ‘meeting’ at the Carrara site.

A Federal Court trial last year was told as little as two hours of work a day was being done at the site over the three weeks the “meetings” took place.

The action was allegedly a bid to coerce Hansen Yuncken into signing a new enterprise bargaining agreement.

Justice John Reeves on Friday determined the union contravened the Fair Work Act because its actions were “unlawful and illegitimate”.

Their actions caused subcontractors to breach their contracts with Hansen Yuncken by pulling workers off site.

“ ... The CFMEU persisted calling and organising union meetings with the same pattern and duration ... with the deliberate intention of procuring the structural contractors’ withdrawal from the Carrara project site and thereby effectively bringing about a complete cessation of work at that site,” Justice Reeves said.

He said there was a gross disproportionality between the “mundane interests” the union claimed to be pursuing and the “extraordinary combined effect” of its actions.

But he noted the union did not breach the meeting clauses, which were in workers’ ­contracts.

Hansen Yuncken estimated it lost about $700,000 over the course of the industrial action and the court was told the deadline for the site, which will host the opening and closing ceremonies, was at risk.

Commonwealth Games organisers said work was “at full capacity” soon after the union was ordered by the court last year to stop.

Justice Reeves will hear submissions on what penalties, including fines, should be handed to the union at a hearing on May 8.

EARLIER

THE militant construction union will be penalised for causing mass disruption to a $126 million Commonwealth Games site.

The Construction Forestry Mining and Energy Union held two-hour meetings twice a day for three weeks last May at the Carrara Sports and Recreation Project run by contractor Hansen Yuncken.

The Australian Building and Construction Commission alleged the meetings were held to coerce Hansen Yuncken into signing a new enterprise agreement.

A trial was held in the Federal Court in Brisbane last year, which was told as little as two hours’ work a day was being done at the site in the three weeks the “meetings” took place.

Justice John Reeves handed down his decision this afternoon, and found the union’s actions contravened the Fair Work Act.

He said the actions were unlawful and illegitimate.

Justice Reeves’ reasons are expected to be published later today.

A hearing has been set down for May 8 to decide penalties.

Originally published as CFMEU action on Gold Coast Commonwealth Games site ruled illegal