‘Fuel on fire’: unions threaten all-day walkout after FWO warning

Unions are furious after the Fair Work Ombudsman warned workers could be docked four hours’ pay if they attend protest rallies today.

Thousands of construction workers will protest across the country on Tuesday

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Construction sites across the country face being shut down for the day on Tuesday after unions reacted angrily to a Fair Work Ombudsman warning that workers risked being docked four hours’ pay if they attended protest rallies in support of the CFMEU without permission from their employer.

The Electrical Trades Union accused the FWO of “pouring fuel on the fire” and predicted workers, already angry about the government putting the CFMEU into administration, would either go home or go to the pub after the planned rallies, which are expected to finish by 1pm.

Tens of thousands of construction workers are expected to attend simultaneous protest rallies in Sydney, Melbourne, Brisbane, Adelaide, Perth and Canberra from 11am on Tuesday.

In a statement issued late on Monday, the FWO said if an employee failed to attend work or stopped work without authorisation from their employer, the conduct might be unprotected industrial action in contravention of the Fair Work Act.

“Where an employee has engaged in unprotected industrial action, the employer is required under the FW Act to deduct a minimum of four hours’ wages from the employee, even if the industrial action was less than four hours,” the statement reads.

ETU Victorian secretary Troy Gray told The Australian that the FWO’s statement had ensured that employees would not return to work after the rally.

“To put that out on the eve of a major rally, you are guaranteeing the troops won’t go back to work, and that’s on the ombudsman,” he said.

“It’s pouring fuel on the fire.

“I have worked with thousands, and organised tens of thousands of construction workers in almost 40 years. Not one of them, after knowing they are going to be deducted four hours for a 90-minute meeting, will return to work.”

In another move that risks angering unions, the CFMEU administrator Mark Irving authorised the removal of posts promoting the rallies from the union’s Facebook pages.

Under the scheme of administration, Mr Irving has been granted full authority over all organisational aspects of the union and is currently moving to assert control over the union’s various social media channels.

Posts promoting the Sydney and Melbourne rallies were removed from the union’s Facebook pages.

Asked on Monday if the ACTU supported the rallies, a spokeswoman said: “The rallies are not ACTU events”.

Master Builders Australia chief executive Denita Wawn said employers understood the rallies were most likely unprotected action “and given their purpose the public should expect the support of a strong police presence”.

“We encourage employers to not only seek advice about their rights and obligations, but also report any disruption or absences to the Fair Work Ombudsman,” Ms Wawn said.

Opposition employment spokeswoman Michaelia Cash said “any unprotected industrial action should be examined by the FWO and action taken if warranted”.

“The CFMEU walkout is a product of the weak leadership of the Prime Minister and his government in dealing with the chaos the rogue union has brought to our nation’s construction industry,” she said.

Declaring “hands off the CFMEU”, the Australian Manufacturing Workers Union in Victoria urged members to join the rally in a show of solidarity.

“We’ve witnessed shocking revelations from royal commissions into misconduct in the banking and finance sectors, the Robodebt scandal, and the aged care industry,” the union said.

“Despite the damning evidence, no one was fired, no company was forced into administration, and not a single person faced jail time. Meanwhile, the CFMEU, one of Australia’s most powerful unions, is being pushed towards the administration over unproven rumours and allegations. This double standard is unbelievable.”

In separate Facebook posts, the ETU said the “hypocrisy is staggering”, while the Victorian plumbers union said: “Attack on one is an attack on all. We will not stand for what the federal government has done”.

In its statement, the FWO said employers must not unreasonably refuse to approve an employee’s request to take annual leave, including to attend a protest.

“Employees also have protections against adverse action being taken against them, including because they have a workplace right or because of a protected attribute including their political opinion,” it reads.

Mr Gray said he was unaware of any worker ever using their annual leave to attend a rally.