Mining and Energy Union fined over actions during strike at Oakey Creek North mine
The mining union has been hit with more than $650,000 in fines, with key individuals fined thousands too, after officials hurled vitriolic abuse at strike-breaking workers during a lockout at a Queensland coal mine.
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The mining union has been hit with more than $650,000 in fines after its officials hurled aggressive abuse like “hit a tree you maggot c***” at strikebreaking workers during a 200-day lockout at a Queensland coal mine.
The Mining and Energy Union and its officials, including a high-profile CFMEU figure, have been slapped with a total of $657,105 in fines for bad behaviour at Oaky Creek North underground coal mine across multiple occasions in 2017 and 2018.
The Fair Work Ombudsman, in the action first launched in 2021, also successfully sought $10,000 in compensation from the MEU for one worker who had been verbally abused, derided on social media, and was named on “scab signs” erected near the mine.
The MEU copped a $535,000 fine for contravening the Fair Work Act 190 times.
Five union officials were also hit with fines for breaching the act.
Those officials include the MEU’s now national vice-president Stephen Smyth ($85,680 fine), then district vice-president Chris Brodsky ($10,170), official Brodie Brunker ($5355), and the CFMEU’s Jade Ingham ($12,930) and Blake Hynes ($6,930).
Justice Darryl Rangiah, in his judgment release this week, said the conduct of the union and its officials were “designed to intimidate” workers.
“The allegations against the respondents are, in essence, that they verbally abused the Workers as they passed the protests on their way to and from work, published derogatory material about the Workers on a Facebook page, and erected signs with the names of particular workers under the heading, “Oaky North Scabs”,” he said.
“The respondents’ intent in engaging in such intimidating and threatening conduct was to bring about what they perceived to be a favourable industrial outcome. They did so in circumstances where they at least ought to have known that such conduct was unlawful.”
Examples of abuse hurled at strike-breaking workers included Mr Hynes saying “hit a tree you maggot c***”, Mr Smyth saying “f***ing scab”, and Mr Ingham yelling ”you’re a f***ing maggot”.
Mr Brodsky breached the act by erecting signs with headings like “Oaky North Scabs”.
Mr Brodsky and Mr Brunker breached the act due to abuse proliferated on social media, specifically on the Miners at the Coal Face QLD Branch Facebook page.
Justice Rangiah found the union breached the Fair Work Act 190 times, while the five union officials between them breached the Act 300 times.
The breaches happened while the MEU, then a part of the CFMEU until a demerger earlier this year, went on protected strike at Oaky North amid enterprise bargaining negotiations with employer Oaky Creek Coal Pty Ltd — a joint venture with Glencore as majority owner.
The employer in response locked out the employees and continued to operate the mine using contractors and non-unionised workers.
The CFMEU staged protests near the entrance of the mine site for about seven months.
An enterprise agreement was finally settled in March 2018.
Fair Work Ombudsman Anna Booth said the significant court fines showed breaching the laws through coercion was a serious offence.
“This case highlights the line in the sand that must not be crossed,” Ms Booth said.
“Australia’s enterprise bargaining system enshrines a right to take protected industrial action to leverage union claims, but unions must stop short of the aggressive intimidation tactics seen in this case – both in-person and online – which hurt other workers.
“A person has the right to take part or not take part in industrial activity. The rights of all workers and employers must be respected.”
Originally published as Mining and Energy Union fined over actions during strike at Oakey Creek North mine
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