Fair Work Ombudsman seeks $10,000 compo for worker over ‘scabs’ protest

Non-union members were allegedly subjected to throat-slashing gestures during 2017 protests sparked by an industrial dispute with the Mining and Energy Union, a court has heard.

The 2017 lockout at Glencore's Oaky North Mine.

Members of the Mining and Energy Union allegedly made throat-slashing gestures and held signs that read “scabs” aimed at non-union members who declined to participate in 2017 industrial protests, the Federal Court has heard.

The Fair Work Ombudsman is seeking $10,000 compensation for a non-union worker who was among those allegedly verbally abused at the Queensland Oaky North underground coalmine during an industrial dispute that took place between July and December of 2017.

The MEU, which has since de-amalgamated from the now Construction Forestry and Maritime Employees Union, took protected action including stoppages of work.

The mine operator then locked then CFMMEU members out of the mine.

It is alleged the abusive conduct was directed at employees and contractors who continued to work at the mine, including those employed directly by Oaky Creek Coal and labour hire companies, and the FWO named five union officials in their pleadings who they alleged engaged in or incited abusive conduct that amounted to adverse action.

They included Stephen Smyth, Chris Brodsky and Brodie Brunker formerly from the Queensland district branch from the mining and energy division and Jade Ingham and Blake Hynes from the Northern Territory and Queensland construction branch.

Former CFMEU national president Jade Ingham. Picture: Tertius Pickard/NewsWire

Mr Ingham, a now-sacked CFMEU official, last week helped launch a High Court challenge to Anthony Albanese’s laws forcing the union into administration after corruption allegations.

The FWO first launched its case against the union in 2021, and the Federal Court heard during a hearing on Monday that workers who did not participate claimed they experienced vilification, ostracisation, intimidation and emotional distress.

For the FWO, barrister Michael Seck said workers were verbally abused during the protests as they entered or exited the mine; unionists also held up “scab” signs and a Facebook page was set up by the CFMMEU where derogatory material about various workers was posted.

One non-union worker, for whom the FWO is seeking compensation, was called a “scab” on the Facebook group and said he felt anxious about the “potential repercussions” of that throughout the industry.

He described his treatment as degrading and disheartening.

The FWO is seeking compensation from the union, not individual union officials.

Judge Darryl Rangiah has reserved his judgment.

Originally published as Fair Work Ombudsman seeks $10,000 compo for worker over ‘scabs’ protest