Top Tasmanian union official banned from worksites statewide

A senior Tasmanian union official has been banned from attending building sites by the Fair Work Commission. LATEST HERE >>

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SENIOR Tasmanian union official Kevin Harkins has been banned from attending building sites for three months by the Fair Work Commission.

The decision to suspend Mr Harkins’ federal entry permit was made public on Thursday, which means he will not be able to exercise entry rights during that period.

It comes after a Federal Court ruling in December over an incident at a work site in Elizabeth St, Hobart in May 2019, involving Mr Harkins, an organiser and safety officer of the Construction, Forestry, Maritime, Mining and Energy Union.

CFMEU official Kevin Harkins. Picture: NIKKI DAVIS-JONES

In the court’s judgment, Mr Harkins was fined $16,000 for acting in an improper manner and being involved in contraventions engaged in by another CFMEU official, Richie Hassett.

The Fair Work Commission has subsequently found that as a permit holder, Mr Harkins should have known Mr Hassett did not have a valid right of entry permit.

In delivering its decision, the Fair Work Commission describes Mr Harkins’ conduct as “cavalier” and not being concerned about the consequences of his conduct.

“It is to be remembered that part of Mr Harkins’ contravening conduct involves him saying in a loud and intimidating manner towards the site foreman ‘I’m nearly at the end of my career. I don’t give a f**k about what happens to me.”

The commission noted Federal Court findings that Mr Harkins had acted in a “loud and intimidating manner” towards the site foreman when asked what safety equipment was unsafe.

He had also said words to the effect of “don’t get smart with me a**hole” to the foreman and told the project manager to “get f***ed” when asked to leave the site.

Fair Work Commission deputy president Val Gostencnik said the temporary suspension of Mr Harkins’ permit was not harsh or unreasonable.

“None of the matters raised suggest that the court’s conclusions as to the gravity of the conduct should be discounted,’’ he said.

But the deputy commissioner said Mr Harkins had been a union official for 25 years and had only contravened an industrial law once previously, 13 years earlier, and had not engaged in any other unlawful conduct since the Elizabeth St incident in 2019.

Mr Harkins’ remorse and expressed intention to comply with the law in the future was also noted, as was training undertaken by Mr Harkins since the events.

Mr Harkins will have to hand the permit to the Fair Work Commission within seven days of Thursday’s decision.

At the end of the suspension period, it will be returned to Mr Harkins upon an application by the CFMEU or Mr Harkins.

Mr Harkins has been contacted for comment.

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