FWO drops second ABCC action against union organisers

The workplace regulator has dropped court action taken against two CFMEU officials.

CFMEU construction division national secretary Zach Smith, above, welcomed the commission’s decision but said ‘our union and officials should never have had to endure this hanging over their heads for 18 months’. Picture: NCA NewsWire / Gary Ramage

The Fair Work Ombudsman has dropped legal action taken by the Coalition’s former union regulator, the Australian Building and Construction Commission, against two West Australian CFMEU organisers.

The decision follows the FWO in March discontinuing contentious legal action initiated by the ABCC against two Electrical Trade Union organisers.

The FWO took over ABCC legal matters earlier this year as the agency was being abolished by the Albanese government.

The ABCC had taken court action against the Construction Forestry Maritime Mining and Energy Union and two organisers, Bradley Upton and Stephen Parker, over an allegedly unlawful picket involving 60 protesters outside a Balcatta construction yard in Perth in May 2021.

The ABCC statement of claim said a truck that had dropped off timber was prevented from leaving the yard after picketers marched up and down the footpath blocking the exit.

Mr Upton addressed the picketers where he said: “At this stage what we’re going to do is we’ll probably, ah, pass it in, we’ll head off. But keep your emails up to date, we’ll be (sic) keep coming back. We’re going to keep having a go at these f. king maggots.”

Following his direction, the picketers left the site. As well as seeking penalties for unlawful picketing, the ABCC sought personal payment orders against both CFMEU officials.

In a statement, the FWO said proceedings had been discontinued. “The ABCC commenced these proceedings in November 2021,” a spokesman said. “After the proceedings were transferred to the Ombudsman, the FWO undertook a case assessment process in accordance with its compliance and enforcement policy.

“The case assessment process considers a range of matters, including sufficiency of evidence and the public interest. In the circumstances of this particular matter, the FWO determined to discontinue the proceedings.”

CFMEU construction division national secretary Zach Smith welcomed the decision but said “our union and officials should never have had to endure this hanging over their heads for 18 months”.

“This spurious case was a classic example of the ABCC’s ridiculous attacks on workers standing up for their rights,” he said.

“The FWO must urgently drop the rest of the ABCC’s anti-worker legacy cases.

“It was the right call to abolish the ABCC – now we need to ensure its politicised and biased work is thrown out.

“We need a workplace regulator that properly deals with wage theft, sham contracting and building insolvencies, not one saddled with the Coalition‘s crusades against working people.”