IN yet another example of union misconduct that underscores the need to res-establish the Australian Building and Construction Commission (ABCC), the Federal Court recently handed down penalties totalling $132,000 against the CFMEU and five of its officials.

The penalties relate to unlawful conduct at three construction sites across Australia in 2014.

CFMEU SA State Secretary Aaron Cartledge, Assistant Secretary Michael McDermott, and officials David Bolton, Michael Huddy and Brendan Pitt were all found to have entered the sites unlawfully, either failing or refusing to comply with right of entry provisions set out in the Fair Work Act 2009.

The penalties come just three months after the South Australian Branch of the CFMEU and 15 officials were penalised $937,100 for breaching right of entry laws in seven cases relating to conduct that also took place in 2014.

In handing down the judgment, Justice Collier found no evidence of contrition or corrective action by the respondents.

“The CFMEU is a ‘repeat offender’ which generally appears indifferent to imposition of penalties for contraventions of the FW Act,” Justice Collier said.

“A very real question arises as to whether penalties previously imposed on individual respondents has acted as a deterrent.”

“Penalties imposed on the CFMEU appear to have no impact – indeed the obvious inference to be drawn is that the CFMEU has ignored such penalties as inconsequential,” Justice Collier said.

Fair Work Building and Construction (FWBC) director Nigel Hadgkiss welcomed the decision, which he said reflected the seriousness of the unlawful conduct.

“The responsibilities of permit holders when exercising right of entry are clearly set out in the Fair Work Act 2009,” Hadgkiss said.

“That the CFMEU would pressure its officials to deliberately defy these provisions is frankly astounding. These actions reveal a level of contempt for the rule of law that should alarm all building industry participants.”

AREEA, on behalf of our members across Australia’s resource industry, will continue to advocate in support of re-establishing the ABCC, which is expected to be one of the first items of business when the parliament resumes next month.

Importantly, a restored ABCC would also have jurisdiction over offshore construction projects – a new power recommended to the government by AREEA in order to address militant and unlawful industrial behaviours taking place in the construction supply chain of major offshore resource projects.