CFMMEU and eight officials penalised $121,000 for unlawfully entering Toowoomba Second Range Crossing project
The Federal Court has penalised the CFMMEU and eight of its officials $121,000 for 36 contraventions of right of entry laws at Queensland’s Toowoomba Second Range Crossing project in 2018
Between 30 April and 2 May 2018, CFMMEU officials Kurt Pauls, Beau Seiffert, Te Aranui Albert, Blake Hynes, Shaun Desmond, Craig Davidson, Justin Steele and Michael Davis refused to show their federal right of entry permits, entered the construction site and failed to comply with requests to leave the site.
On 30 April 2018, 1 May 2018 and 2 May 2018, a combination of two or more of the officials attended the site and informed site representatives that they wanted to enter the site under section 81(3) of the Work Health and Safety Act 2011 (Qld).
Site representatives requested that they produce their entry permits for inspection and told them they were not permitted to enter the site without production of the permits. The officials refused to produce entry permits, subsequently entered and walked around parts of the site and refused requests to leave.
At the time, both Pauls and Davis did not hold a federal entry permit. The remaining six officials were federal entry permits holders and were entitled to enter the site upon production of the permits but refused to produce those permits when requested.
The entries by the CFMMEU officials in this matter took place shortly after the CFMMEU, Pauls, Seiffert, Albert and Hynes had all previously been restrained from entering the Bruce Highway Caloundra to Sunshine Upgrade construction site in similar circumstances.
In recognising the CFMMEU’s long history of noncompliance with industrial laws, the Court said:
“There are many decisions of this Court which have described the Union’s history of contraventions of industrial laws,” the decision read.
“It has been said that unlawful conduct is normalised within the Union, that it does not care about the law and penalties imposed upon it and that the culture of contravening conduct is condoned by the Union’s senior leadership. The frequent imposition of heavy penalties has not altered the Union’s conduct.”
The penalties imposed in this case add to a significant tally incurred by the CFMMEU and its representatives. Since 2 December 2016, the courts have imposed $13,490,375 against the CFMMEU and its representatives nationally.
The Queensland branch of the CFMMEU now accounts for over half the Union’s contraventions, with 974 of 1606 contraventions occurring in that State. Total penalties for the CFMMEU and its officials in Queensland since 2 December 2016 amount to $3,253,015.
CFMMEU and official hit with more than $50,000 in penalties following “reckless and conceited” conduct at Monash Freeway site
The Federal Court has penalised the CFMMEU and its official, James Simpson, $54,540 for contravening right of entry and occupational health and safety requirements at the $220 million Monash Freeway upgrade project in 2017.
The Court found Mr Simpson attended an overnight crane lift over the Eumemmerring Creek and did not comply with requests from site employees to be escorted while on site and wear personal protective equipment. Mr Simpson also refused to leave the site despite multiple requests and diverted the attention of several managers.
Several days later, Mr Simpson was found to have deliberately pushed a site employee, who lost his balance and fell, after attempting to stop Mr Simpson from proceeding to another area of the worksite.
The Court described the unlawful conduct of Mr Simpson in the following terms:
“[Simpson] made no attempt to even pretend to comply with his obligation not to wander unescorted from where he was. Instead, he made a conscious decision to strut around the site like he owned it,” the decision read.
… He arrogantly assumed for himself a right to determine with which of Fulton Hogan’s occupational health and safety requirements he would comply. He knowingly contravened occupational health and safety protocols that were in place. Despite professing to be there to ensure that work was carried out safely, he put himself and others at risk. His conduct was reckless and conceited.
… Simpson appears to have felt entitled to take it upon himself to venture as he pleased and to make outlandish accusations under the guise of safety. He did not have any such entitlement. That he acted as he did whilst in knowing breach of applicable safety protocols beggars belief.
In relation to the CFMMEU, the Court said “the Union’s history is deeply unflattering”.
The Court has addressed the issue of corrective action taken by the Union. It noted the attitude of belligerence demonstrated by its history of statutory non-compliance.
The penalties imposed in this case add to a significant tally incurred by the CFMMEU and its representatives. Since 2 December 2016, the courts have imposed $3,068,740 against the CFMMEU and its representatives in Victoria, and $13,369,375 nationally. This is an indictment on the CFMMEU and its leadership.
