Court overturns CFMEU pumpkin eater ruling

The Federal Court has cut penalties imposed on the CFMEU after finding ‘pumpkin eater’ was not used as a ‘homophobic slur’.

06-12-2021 Cross River Rail project, Woolloongabba. PICTURE: Brad Fleet

The Federal Court has cut penalties imposed on the CFMEU for calling a safety adviser a “pumpkin eater” after overturning a judge’s finding that the term was used by a union organiser as a “homophobic slur”.

During the initial proceedings, counsel for the construction watchdog and the union had told the judge they had never heard “pumpkin eater” used as a homophobic slur, while the union’s lawyer said the organiser’s insult of adviser Peter Cullen – “Pete, Pete, Pumpkin Eater” – was a nursery rhyme reference.

But Federal Circuit and Family Court judge Salvatore Vasta said counsel may have had a sheltered existence and he had no doubt the “disgusting” term was a homophobic slur.

He imposed $151,200 in penalties for the right of entry breaches on the Queensland Cross River Rail project, including $12,600 each on the organisers which had to be paid personally by them.

After an appeal by the union, the Federal Court set aside the homophobic slur finding. It accepted concessions made by the Fair Work Ombudsman – that there was no evidence “pumpkin eater” was a homophobic slur and it was “not common knowledge in Queensland or any other locality – and cut the penalties to amounts totalling $114,000.

EWIN HANNAN