CFMEU shaming of worker ‘like Middle Ages’

Judge finds CFMEU used a Facebook post to humiliate a crane operator who refused to join in its industrial action.

The CFMMEU posted a photo of the crane operator on its Facebook page, and captioned it with the definition of a scab. Picture Glenn Hampson

The CFMEU and two former officials have been penalised $382,800 for unlawful conduct against mobile crane company WGC Cranes, with a Federal Court judge slamming the union for its treatment of a crane operator who refused to join the industrial action.

The Construction Forestry Maritime Mining and Energy Union posted a photo of the crane operator on its Facebook page, and captioned it with the definition of a scab.

Facebook users posted derogatory comments beneath the photo, referring to strike breakers as “grubs”, “leeches”, “maggots” and “dogs”.

One said: “Someone should break into the dogs’ houses and steal the food from their cupboards just as they are stealing the food from the good blokes’ kids’ mouths that are standing up for themselves.”

Judge Anna Katzmann said the Facebook post pilloried the crane operator for exercising his right to work, and its evident purpose was to cause him to be ostracised by employees. “It was a public humiliation intended to shame him, a modern form of the ancient punishment, popular in the Middle Ages, of placing a miscreant in the village stocks where, unable to protect himself, he was exposed to prolonged abuse and/or assaults,” she said.

The Facebook post exposed the crane operator to mental, if not also physical, harm and there was force in the building watchdog’s submission that the union intended to frighten him and cause him emotional distress.

In October 2018, WGC’s Wollongong depot was picketed by about 40 people waving union banners and flags, and a union ­vehicle was used to block cranes at a Port Kembla transport yard.

Work was disrupted at the Port Kembla Coal Terminal when union official Gerasimos Danalis entered restricted work areas while cranes were operating. He refused to follow safety procedures and ignored requests to leave the area.

He later triggered an emergency stop button on a crane while it was operating, causing it to come to a sudden stop. He was found to have made false alle­gations about safety issues and persisted in raising sham safety claims.

Justice Katzmann said the union had an “appalling record of contravening industrial laws”.

“The union’s overall record is indicative of an indifference to, if not a disdain for, the law,” she said. “Simply put, the union behaves as though it is above the law.”

Australian Building & Construction Commission head Stephen McBurney said the judgment came weeks after the Federal Court penalised the union and senior officials more than $1m for contraventions against Sydney crane company Botany Cranes.

“Within the space of three weeks, the Federal Court has penalised the CFMEU almost $1.4m for applying undue pressure against two crane companies to sign up to a union enterprise agreement, with a third matter still before the court,” Mr McBurney said.

“This is part of a targeted campaign against mobile crane companies in NSW that has seen the union threaten and intimidate workers and picket companies trying to go about their business.

“The union officials in this case engaged in abusive, threatening and intimidatory conduct towards employees, both on site and on social media.

“It is unacceptable to expose any worker to the potential for mental harm through the misuse of its Facebook page.”