The construction division of the CFMEU—already under administration after the federal government took court action against it in August—is facing more legal action, along with one of its organisers, Stephen Parker.
The Fair Work Ombudsman (FWO) alleges he used his right-of-entry permit at a 19-storey office tower site in Perth in November before breaching the Fair Work Act by scaling a crane and preventing it from operating.
The site is run by Multiplex, which has incurred the union’s ire by telling the Fair Work Commission that its workplace agreement, currently awaiting approval, is not genuine due to alleged CFMEU coercion. It’s also one of at least six builders with agreements with the union that is planning to remove CFMEU “vetoes” and other restrictions which allow it to influence builders’ choice of subcontractors.
The FWO also alleges that Parker obstructed the site manager from re-starting the crane generator after demanding a pre-start check demonstration and maintenance work.
The Ombudsman claims the generator and crane were inoperable for about two hours, creating a safety risk for workers who rely on the crane to lift a rescue cage in an emergency.
Parker and the union are accused of two breaches of section 500 of the Fair Work Act, which prohibits acting improperly or intentionally hindering or obstructing persons at a work site.
They also allegedly twice breached section 499 of the Act, which requires right-of-entry permit holders to comply with worksite occupational health and safety requirements.
Parker could be fined up to $18,780 (US$12,470) per offence if found guilty, and the CFMEU faces penalties of up to $93,900 per breach.
Acting Fair Work Ombudsman Michael Campbell said the union had an extensive history of non-compliance, and the regulator was taking action to deter further unlawful conduct.
“Union officials are provided rights under industrial laws, which can include certain rights to enter work sites, but they come with related legal obligations to behave appropriately and meet health and safety requirements,” he said in a statement.
A directions hearing is scheduled in the Federal Court in Perth next week.
The CFMEU has been contacted for comment.
The Fair Work Ombudsman has secured total penalties of more than $3 million against the CFMEU and its officials in cases since December 2022.
In August, it was revealed that Multiplex construction manager Amy Pitchford was in a relationship with the union’s Victorian Assistant Secretary Derek Christopher, who is being investigated by police for alleged corruption.
Pitchford is a member of the Victorian government’s Building Industry Consultative Council, which advises Industrial Relations Minister Tim Pallas on industry issues.
There is no suggestion she has ever misbehaved.
