The fines are for an incident in April,2015,when CFMMEU officials Stephen Long and Gerard Benstead organised for eight workers to walk off the job after complaining that amenities on the Bay Street building site in Brighton were not up to standard.
The Federal Court of Australia heard that Mr Benstead had demanded a bigger shed for 16 workers and a dedicated toilet for one female worker. The site supervisor had said the existing shed was big enough because it catered for 18 people.
The site supervisor said arrangements had been made,in consultation with Worksafe and the female worker,for the use of existing toilets on the building site.
The court heard that Mr Benstead then asked the site supervisor why the head contractor,Tarastar Pty Ltd trading as BPM Built,had not signed an enterprise bargaining agreement. The supervisor replied it was not feasible for the business.
Justice Mordecai Bromberg found the CFMMEU,Mr Long and Mr Benstead had engaged in coercion and adverse action in their organisation of the work stoppage.
“I accept that the contravening conduct on 22 April,2015,should be regarded as objectively serious. The conduct was deliberate and,I would infer given Long and Bensteads’ long-standing experience as union officials,engaged in in the knowledge that it was unlawful,” he said.
ABCC Commissioner Stephen McBurney said the judgment was the eighth in Victoria involving
the CFMMEU since the start of the year,with penalties totaling $526,900.