Mining and Energy Union to pay $535k over ‘scabs’ dispute

The Mining and Energy Union has been hit with fines over ‘scab’ signs and verbal abuse of non-union workers during the heated Oaky North industrial action in 2017.

Keppel MP Brittany Lauga on the picket line with the locked out Oaky North miners.

The Mining and Energy Union has been hit with a $535,000 fine after officials called non-union members who did not participate in heated 2017 industrial disputes “scabs”.

Five union officials were also hit with fines pertaining to their conduct during the Queensland Oaky North underground coalmine bust up: Stephen Smyth, Chris Brodsky, Jade Ingham, Blake Hynes and Brodie Brunker.

The penalties were agreed by all parties after a brief hearing in the Federal Court last week.

Justice Darryl Rangiah published his reasons in the matter on Thursday, and also ordered $10,000 be paid in compensation to Kane Kenwright for four instances of verbal abuse, four instances of social media abuse and naming Mr Kenwright in scab signs.

“In an affidavit, Mr Kenwright described the personal distress that he experienced as a result of the conduct, including being called a ‘‘parasite’’, ‘‘scab’’ and ‘‘grub’’, Justice Rangiah said.

The Fair Work Ombudsman brought the case against the MEU before it de-amalgamated from the Construction Forestry and Maritime Employees Union after it took protected action during enterprise bargaining negotiations with the mine operator.

The industrial dispute occurred between July and December 2017, and while the mine continued to operate, union members were locked out.

“The employer continued to operate the mine using contractors and employees who were not CFMMEU members (the Workers). The CFMMEU workers then staged protests near the entrance to the Mine site over a period of about seven months,” Justice Rangiah said.

“The allegations against the respondents are, in essence, that they verbally abused the workers as they passed the protests on their way to and from work, published derogatory material about the workers on a Facebook page, and erected signs with the names of particular workers under the heading, ‘Oaky North Scabs’,” he said.

A Facebook group called Miners at the Coal Face QLD Branch had 1700 members who posted items like: “be careful what we say on social media about her and her SCAB husband!! Its quite clear how desperate these people are acting …” (in reference to a particular worker and his wife)”.

Examples of the verbal abuse directed towards the workers included “maggot!”, “f--king grub”, “dog, dog, dog”, “scab” and “f--king grub c--t”, according to the judgement.

The court declared the MEU breached part of the Fair Work Act 190 times, plus a further 52 times against a different part of the act when union officials engaged in the conduct including verbal abuse and social media abuse.

As well, Mr Smyth was said by the court to have breached the act 148 times.

Originally published as Mining and Energy Union to pay $535k over ‘scabs’ dispute