Union fined $42,000 for industrial action

The Federal Magistrates Court has fined the Construction, Forestry, Mining & Energy Union (CFMEU) $35,000 and an official $7000 for misusing OHS as a reason for industrial action.

The unlawful industrial action involved 288 people taking part in a two-and-a-half-day strike at the Roche Mining Mineral Sands Separation Plant in Hamilton, September 2005. The union claimed the strike was taken over an OHS issue.

Federal Magistrate Burchardt found the CFMEU and its official Colin Stewart contravened section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act).

“There is no basis upon which the justification of the action on the basis of health and safety grounds can be maintained,” he said.

The Australian Building and Construction (ABC) Commissioner John Lloyd said the judgement was significant.

“The penalties in this case are substantial. The decision reinforces that OHS cannot be misused as a basis for taking unlawful industrial action,” Lloyd said.

“The ABCC is concerned that the industry’s OHS record improves. The unlawful action taken in this case only serves to undermine the regard industry participants have for OHS.”