CFMEU ordered to pay $200,000 in penalties over pay row

The construction union has been penalised almost $200,000 for organising unprotected industrial action at a Sydney project over a disputed one-hour pay claim.

The Construction, Forestry, Maritime, Mining and Energy Union was ordered to pay $168,000, with union official Anthony Sloane penalised $25,000. Picture: Luka Kauzlaric.

The construction union has been penalised almost $200,000 for organising unprotected industrial action at a Sydney project over a disputed one-hour pay claim.

Federal Court judge Geoffrey Flick ordered the Construction, Forestry, Maritime, Mining and Energy Union pay $168,000 in penalties and CFMEU official Anthony Sloane pay $25,000 in penalties for the stoppage by Westform Formwork workers at a Glebe site in 2018.

The dispute centred on a CFMEU claim the workers were entitled to one hour’s pay for a period of wet weather. The union said they were owed wages for sitting in the sheds during the rain stoppage.

Mr Sloane told a manager that there would not be a return to work until the dispute was resolved.

“You need to go upstairs and make a call to get this fixed,” he said.

“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”.

Justice Flick said it was apt to characterise the CFMEU as a “recidivist”. He indicated the court would have imposed a higher penalty had the Australian Building and Construction Commission not agreed with the union to a proposed penalty range.

ABCC Commissioner Stephen McBurney said Mr Sloane’s conduct had a detrimental impact on the workers he was purporting to represent.

“In most Australian workplaces, issues such as pay disputes are resolved amicably through dispute resolution procedures and observing mutual respect and engagement,” Mr McBurney said.

“All too often in the building and construction industry, we see the resort to behaviour of the type exhibited by Mr Sloane and the CFMEU in this case.

“It is both unacceptable and unlawful to make threats of this nature and to prevent workers from attending work to perform their duties.”