Union fined for bid to shut down Palmo Police Station construction

THE Federal Court has dished out a fine to a union and three of its officials for attempting to shut down construction at a major Palmerston project

The Federal Court has dished out a fine to the CFMMEU and three of its officials for attempting to shut down construction at the Palmerston Police Station. Picture: Katrina Bridgeford.

• Union sued over Palmo Police Station bully claims

THE Federal Court has dished out a $282,200 fine to the Construction, Forestry, Maritime, Mining and Energy Union and three of its officials for attempting to shut down construction at the $30m Palmerston Police Station site two years ago.

During the May 2018 incident, the three CFMMEU officials demanded work stop on the new police station.

The Australian Building and Construction Commissioner claimed sections 793 and 550 of the Fair Work Act had been breached.

MORE TOP NEWS

Police defend decision not to publicise rape charge against officer

Youths charged after allegedly stealing from Crocodylus Park

Licensing and approvals to take just 30 days in red tape slashing

The Federal Court found that when Northern Territory WorkSafe officers arrived at the Palmerston site, two of the CFMMEU officials — Arturo Menon and Roland Cummins — behaved in an improper manner towards the officers.

In attempting to shut the site down, Mr Menon falsely told workers they were entitled to go home on full pay.

In commenting on Mr Menon’s improper conduct towards the Northern Territory WorkSafe inspectors, Justice Richard White said the officers should be able to discharge their duties without being subject to aggression or any form of intimidation.

Justice White said the three CFMMEU officials could have addressed safety concerns with civility, “without engaging in foul-mouthed language, without making threats and without making statements that were false or misleading.

“Their improper conduct arises from the way in which they chose to deal with the matters of concern,” Justice White said.

“Apart from the formal admissions in the pleadings, there has been no acknowledgment by any of the respondents of the wrongfulness of their conduct.”

Justice White said the CFMMEU’s persistent behaviour showed its contraventions should be viewed seriously.

“This is reinforced by the fact that it sought by its course of conduct to achieve its objective of closing the site by multiple means over an extended period,” Justice White said.

“In addition, for the reasons given earlier, account is to be taken of the additional gravity of the conduct of the CFMMEU by reason of the increased culpability of its contraventions indicated by its long history of prior contraventions.” The total penalties awarded were: CFMMEU $260,000; Arturo Menon $10,700; Roland Cummins $6300; Paul Taylor $5200.

Australian Building and Construction Commissioner Stephen McBurney, who lodged the complaint on behalf of the ABCC, said it was imperative that independent WorkSafe inspectors, who have responsibility to regulate the health and safety on building and construction sites, were permitted to carry out their important work free from aggression and intimidation.

LIMITED TIME: New NT News subscription offer: $1 a week for the first 12 weeks

“The facts in this case highlight just how inappropriate it is for union officials to threaten the contractor and its employees in an attempt to force their will upon them,” Mr McBurney said.

“Regrettably it is the continuation of a pattern of behaviour replicated now in every state and territory in Australia. “Since the commencement of the current iteration of the ABCC on 2 December, 2016, the courts have imposed penalties of $10,682,595 on the CFMMEU, its officials and representatives for 1459 contraventions of the law.”