The Federal Court has imposed penalties of $18,000 on the CFMMEU for the unlawful actions of its official Stephen Parker after he contravened federal right of entry laws at the NEXTDC P2 Perth Data Centre project on 5 December 2019.
The CFMMEU was found to have contravened section 500 of the Fair Work Act through the actions of Mr Parker when he refused to follow established right of entry protocols, including that he remain with an escort while on site. This was despite having been advised of these requirements during earlier visits.
In addition to entering and remaining on site while unescorted, Mr Parker positioned himself close to workers unloading doorframes from a truck and refused to move when repeatedly asked to do so.
As a result of his intrusive presence during the unloading, the workers were unable to lift the door frames straight off the vehicle and onto the ground and were required to move around Mr Parker and carry the frames for a longer distance.
In dismissing the notion that Mr Parker may have been confused about being escorted while on site, Justice Banks-Smith said:
I also accept the Commissioner’s submission that the agreed facts indicate that Mr Parker was twice in places on the Site that he should not have been without an escort: first, when he walked onto the Site and had to return to sign the visitors’ register; and second, when he then returned further onto the Site having signed it.
Justice Banks-Smith went on the say:
Mr Parker understood that he required an escort on Site, but regardless he moved around the Site unescorted, albeit for a relatively limited period.
Assessing the appropriate penalty as a means of deterring unlawful conduct, Justice Banks-Smith said:
There remains … the need for deterrence, including specific deterrence that takes into account the healthy financial position of the Union.
ABCC Commissioner Stephen McBurney described Mr Parker’s actions as a clear contravention of right of entry laws.
“The CFMMEU has an obligation to ensure its officials, including Mr Parker, abide by the very laws that provide him access to Australian building and construction sites,” Mr McBurney said.
“In addition to the rights bestowed upon Mr Parker as a federal permit holder, he has an obligation to act in accordance with the law. In this case the Court found Mr Parker failed to comply with the site requirement that he be accompanied by an escort to ensure a safe workplace and refused to comply with reasonable requests to allow work to continue unimpeded.
“Since 2 December 2016, the CFMMEU and its representatives have been found to have contravened Federal right of entry provisions 295 times in 36 cases, with a total of $3.9 million in penalties imposed.
“This pattern of behaviour exemplifies a business model being pursued by the CFMMEU in defiance of the important protections contained in the Fair Work Act.”
If you have been subjected to threats, intimidation, obstruction or improper conduct on site you can call the ABCC on 1800 003 338 for free advice and assistance.
