July 18th 2024.
The construction union in Victoria, along with one of its officials, has been ordered to pay a hefty fine of $168,000 for their actions towards safety officials and police during a construction site shutdown. This ruling came after a dispute arose on the West Gate Tunnel project in 2019, where the union officials were accused of bullying and making derogatory remarks towards the authorities.
The CFMEU and union official Paul Tzimas were both held accountable for their behavior and were fined $150,000 and $18,000 respectively by the Federal Court. The incident in question occurred when Tzimas and another CFMEU official visited the Melbourne tunnel project to conduct a safety inspection on the worksite of contractor John Holland. Upon arrival, they issued a health and safety breach notice, halting the work that was being carried out that night.
The two union officials believed that the work was being done in an unsafe manner and did not comply with health and safety regulations. As a result, they stood on a scaffold deck, refusing to move for about six-and-a-half hours. During this time, they had multiple interactions with WorkSafe Victoria inspector Quinton Drury, which were deemed to be unpleasant and disrespectful by Federal Court Justice John Snaden.
One of the officials, Tzimas, made several inflammatory remarks towards Drury, questioning his impartiality and suitability for the role. He even went as far as calling him "corrupt" and accusing him of being "incompetent" and a "disgrace". When Victoria Police were called to the site to intervene, Tzimas redirected his anger towards them, claiming that they were acting as "lap dogs" for John Holland and denying the union's rights to represent their workers.
Despite being ordered to leave by the police, the pair returned throughout the night to issue new safety notices. Justice Snaden stated in his judgment that their behavior was unjustifiable and displayed a "thuggish assertion of control" over the site. He also mentioned that they were trying to take on an authority that they did not possess and resorted to bullying and insults when challenged.
This case was initially brought against the union in 2020 by the now defunct Australian Building and Construction Commissioner, with a ruling and penalties imposed in 2021. However, the union appealed the decision, and the case was taken over by the Fair Work Ombudsman. They found that Tzimas had acted in an inappropriate manner on five separate occasions and that the CFMEU was complicit in his actions.
The CFMEU has been embroiled in controversy, with allegations of intimidation, bribery, and criminal links being raised against its Victorian and NSW construction divisions. As a result, the Victorian and South Australian branches have been placed under national office control and an independent administrator has been appointed by the federal government to oversee the union. This ruling serves as a reminder that no one is above the law and that aggressive and disrespectful behavior towards authorities will not be tolerated.
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