After the incidents, the CFMEU arranged for Tzimas, McCrudden and Harris to undergo “resilience training” by business growth and innovation specialist Damian Karaula, and training sessions administered by Brian Lacy concerning the nature and limits of entry rights.
The CFMEU told the court that its history of breaching workplace laws should not impact the court’s assessment of fines “because the conduct attributed to it here was impulsive or, at any event, not reflective of some broader union objective”.
Snaden fined the union $95,000, Tzimas $3990, McCrudden $3330 and Harris $6660, and said he was satisfied the penalties would deter future breaches.
The CFMEU and its officials will pay fines of more than $108,000.Credit: Joe Armao
“On any view, the CFMEU is properly to be described as a well-resourced, recidivist offender. Since 2010, it has been held to have contravened [section] 500 of the [Fair Work] act more than 170 times in no fewer than 50 proceedings,” he found.
“Its record of contravening demonstrates a general disregard on its part of workplace laws … It is appropriate, though, for the court to fashion penalties that, in their totality, reflect the wrongdoing that is to sheet home to the CFMEU.”
The CFMEU and McConnell Dowell were approached for comment.
Loading
The court decision comes shortly after a big win for John Setka’s Victorian branch of the construction union, which pushed through a 20 per cent pay deal over four years and restored conditions previously banned by the Coalition’s building code.
Last week, thousands of members and delegates voted through the new enterprise bargaining agreement at Festival Hall in a deal that included union vetoes over rostered days off, labour-hire limits and mandated union flags displayed on site.