CFMEU to defend unfair dismissal claims

The construction union has found itself on the other side of an unfair dismissal case.

The construction union has found itself on the other side of an unfair dismissal case, with two officials who were sacked after airing concerns about corruption within the organisation launching federal court proceedings.

Construction Forestry Mining and Energy Union organiser Andrew Quirk had worked at the union for 12 years and Brian “Jock” Miller had been an organiser for 29 years before they were officially sacked from the NSW branch in April.

Letters terminating their ­employment, accusing the pair of “gross misbehaviour”, came after they appeared on national television to talk about a “failure” of the union’s national leadership to act on allegedly corrupt influences. Following unsuccessful attempts to mediate with the CFMEU, the pair launched their claim for compensation in the Federal Court in NSW last month.

In legal papers filed yesterday, the pair allege the union “permitted employees and officers … to harass and intimidate” Mr Quirk and Mr Miller, “by leaving anonymous messages and symbols” in their workplace.

They also claim that senior management demanded the pair attend disciplinary meetings in person, despite being exempt from work on medical leave.

Mr Quirk and Mr Miller were on sick leave for several months owing to the stress of allegedly being ostracised for raising concerns about the leadership of NSW branch secretary Brian “Sparkles” Parker.

In late 2012, Mr Quirk and Mr Miller became disturbed by dealings between Mr Parker and bankrupt construction businessman George Alex.

Their concerns deepened when they discovered Mr Alex allegedly owed eight months in unpaid superannuation contributions to union members who had worked in his construction companies.

While on sick leave, the pair appeared on national television, claiming national secretary ­Michael O’Connor had failed to thoroughly investigate their concerns.

The royal commission into trade union governance and corruption subsequently heard evidence of the close relationship between Mr Parker and Mr Alex, who met often, and accusations that Mr Alex was paying off union representatives.

The pair’s lawyer, industrial relations veteran Chris McArdle, said their attempts to mediate with the CFMEU had been “stonewalled”.

“Since filing proceedings in the Federal Court last month, the union alleged Miller and Quick weren’t technically employees, and as such the court had no jurisdiction. They also claimed they weren’t technically sacked.”

“If another employer acted this way toward union members there would likely be a riot outside the building,” Mr McArdle said.

Dave Noonan, national secretary of the union’s construction division, said the case would be defended.