The CFMEU and its WA assistant secretary Joe McDonald have been ordered to pay penalties totaling $200,000 following targeted industrial action against Diploma Construction.
The industrial action took place last year in East Perth, where Diploma is head contractor on the Queens Riverside hotel and apartment project.
The penalties were ordered today in the Federal Court.
Fair Work Building and Construction (FWBC) commission chief executive Leigh Johns condemned the CFMEU’s unlawful tactics which were employed to force Diploma to make an agreement.
“The CFMEU’s campaign of strikes, threats, picketing and blockading was unlawful and has no place in Australia’s construction industry,” Mr Johns said in a statement.
“Today’s result has held the CFMEU and Mr McDonald accountable for their actions – to the tune of $200,000.”
In the court hearing, the CFMEU and Mr McDonald admitted to organising two strikes at the Queens Riverside project in February and June 2011.
The strikes resulted in the CFMEU and Mr McDonald being in contempt of court because an earlier Court Order had prohibited them from engaging or being involved in any industrial action involving Diploma.
The CFMEU and Mr McDonald also admitted to attempting to coerce Diploma to enter into a building agreement through the use of threats, a picket and a blockade in June and July 2011.
Mr Johns pointed out that the February strike was taken in protest over alleged sham contracting by a contractor.
“FWBC investigated and prosecuted the company for sham contracting and secured a $48,000 penalty,” he said.
“I urge anyone in the construction industry to refer allegations of sham contracting to FWBC, rather than taking unlawful action which could land them in court.”