Construction unionists escape $272,500 fine

Construction unionists have escaped a $272,500 fine despite the federal court finding their conduct was “disruptive”.

Construction unionists have escaped a $272,500 fine using a legal “loophole” despite the federal court finding their conduct was “disruptive and abusive”.

Anthony Kong, an official with the militant Construction, Forestry, Mining and Energy union, gave the name “Steve Irwin” — the crocodile hunter — when asked who he was during a visit to a construction site in June 2013.

Mr Kong and Chad Bragdon, who was also representing the CFMEU, were subsequently found to have breached industrial laws when they visited the worksite at Sydney Domestic airport in a decision by Justice Geoffrey Flick last year.

Justice Flick fined Mr Kong $27,500 and Mr Bragdon, who is no longer with the union, $20,000, and penalised the CFMEU $225,000 for the “abusive and misleading” conduct and for breaching industrial laws by failing to show right of entry permits.

Mr Bragdon and Mr Kong also directed workers to stop a concrete pour on safety grounds, despite having no authority, Justice Flick said.

But in a unanimous decision this week, the full bench of the Federal Court found the pair did not break the law as they did not give a specific reason for entering the worksite and “merely asked to have a ‘look at the site’”.

Workplace safety and industrial laws didn’t apply because the pair didn’t enter the site under those laws, the decision added.

“Disruptive and abusive as it clearly was once they entered the site, their conduct was outside those legal arrangements,” the decision stated. “They could have been asked to leave at any time. Failure or refusal to do so would be criminal conduct” … and no doubt a trespass”.

Employment Minister Michaelia Cash said “the Court has effectively ruled that the CFMEU has exploited a loophole in the law to avoid being held to account for its disruptive behaviour.”

The Fair Work Building and Construction agency, which prosecuted the case, is considering an appeal.

FWBC Director Nigel Hadgkiss advised contractors “to ensure entry of union officials is strictly in compliance with right of entry laws.”

CFMEU Construction National Secretary Dave Noonan said the case was “yet another example of the FWBC hounding the union at the behest of their political masters” and “launching cases on spurious grounds”.

“They are using taxpayers’ money to mount case after case against the union in order to paint the picture of a crisis in the industry created by the CFMEU.

“The public have a right to ask why their money is being used in this highly political way.”

Last week, the Federal Court fined the CFMEU over $900,000 for right of entry breaches.