Nigel Hadgkiss warns of fines for CFMEU court protest

Building industry watchdog ­director Nigel Hadgkiss has signalled he is back to taking a tough line with unionists.

Building industry watchdog ­director Nigel Hadgkiss has signalled he is back to taking a tough line with unionists a day after ­announcing he would retire due to an unspecified illness.

Mr Hadgkiss’s agency, the Fair Work Building and Construction Inspectorate, sounded a warning to “employees and workers” that they could be hauled before the courts for marching in a Construction Forestry Mining and Energy Union rally in Melbourne yesterday.

An e-alert sent to the agency’s subscribers, headed “FWBC ­director warns employees and workers to obey workplace laws when attending Melbourne rally”, referred to a demonstration in support of CFMEU Victorian state secretary John Setka.

Mr Setka and his deputy, Shaun Reardon, appeared in court yesterday on blackmail charges.

The FWBC alert, quoting Mr Hadgkiss as head of the agency, said: “FWBC director Nigel Hadgkiss said workers and employers should take steps to ensure their conduct does not breach the Fair Work Act 2009 and potentially expose them to Federal Court action.”

The alert stressed that penalties of $10,800 applied to “building and construction industry workers who attend the rally during their work hours without their employer’s permission”.

“Workers cannot ... be paid for the time they spend at the rally. Employers or unions could face penalties of $54,000 for involvement in paying or demanding strike pay.”

There was no comment from the agency or the federal government yesterday on Mr Hadgkiss’s decision to step aside, which he announced on Monday.

He told staff he would retire two years into his five-year term, citing poor health and disclosing that he had been taken to hospital by ambulance in November.

A ­relapse on Friday and discussions with his wife prompted his decision, Mr Hadgkiss said in an email sent shortly after 7am.

However, after discussions with staff, he sent a second email in the afternoon saying he would instead take a period of “extended leave”.

An FWBC spokesman yesterday said the dates of Mr Hadgkiss’s leave had “yet to be confirmed”.