Judge suggests CFMEU stop paying unionists’ fines

A Federal Court judge suggests the construction union should stop paying its officials’ fines when they’ve broken the law.

A Federal Court judge has suggested the construction union should stop paying its officials’ fines when individuals are found to have broken the law.

Officials from the Construction, Forestry, Mining and Energy Union (CFMEU) Anthony Bragdon and Anthony Kong broke right of entry laws at a construction site at Sydney’s domestic airport in 2013, federal court Justice Geoffrey Flick found.

He is yet to impose penalties, but Justice Flick appeared to criticise the union’s tradition of paying its officials’ penalties in his judgment last week.

“If the primary purpose of imposing a penalty is deterrence, there may be little deterrence if a penalty imposed upon a union official is simply reimbursed by his union,” Justice Flick said.

The case was brought against the CFMEU the two officials by the Fair Work Building and Construction Agency.

Mr Kong apparently told a project manager he was crocodile hunter Steve Irwin when asked to provide his details.

“Whatever may have been the reasons why Messrs Bragdon and Kong behaved in the manner they did, their conduct brought no credit to themselves or to the union that they represent,” Justice Flick said in his decision.

“Once on site, it has been further concluded that they purported to exercise powers which they knew they did not possess. They behaved in a manner which was abusive and misleading. Their conduct can only be described as contemptuous of the limits to their power and the people on site with whom they were dealing.”

The Court found that Mr Kong and Mr Bragdon entered the site without personal protective equipment, which was a safety requirement.

Mr Kong and Bragdon said they were invited onto the site.

Mr Kong was said to have called the contractor company working at the site: “a pack of murderers (the head contractor).”

Justice Flick said Mr Kong could accurately be described as a “smart-arse”.