The Federal Circuit and Family Court has penalised the CFMMEU and its two officials Luke Gibson and Andrew Blakeley a total of $102,000 after finding they delayed a concrete pour at the $6 million Marine Parade multi-storey apartment project site in Labrador, Queensland in April 2020.
The two officials attended the project site ahead of a scheduled concrete pour, approached the site’s health and safety consultant and Mr Gibson aggressively said:
“[Name of company] is a f**king disgrace”, “[name of company] does not care for its workers” and “[name of company’s director] is a f**king disgrace.”
Following the comments, Mr Gibson and Mr Blakeley entered exclusion zones without authorisation, stood behind the trucks arriving to deliver concrete for the pour, blocked the trucks from reversing back onto the concrete pumps and delayed the delivery of concrete to the site.
While standing behind the concrete trucks as they were reversing, Mr Gibson said:
“I’m not letting you guys start pouring anymore concrete” and “You guys won’t be f**king doing any more pouring today”.
“Come on, f**king hit me. I want you to hit me” and “Keep on coming back.”
When the concrete workers asked Mr Gibson to move from behind the trucks, Mr Gibson said:
“Hit me. F***ing hit me. Come on, f***ing hit me, you weak c**nts.”
The Court said of Mr Gibson’s actions:
“Any concern for safety does not explain why [Mr Gibson] behaved in such an appalling manner. If it were that he was so concerned with the safety of workers, it seems incongruous that he would ask those same workers to hit him with their trucks, let alone fight him …
“… it is quite ironic that the two Respondents would then blatantly flout safety rules by entering those zones for which they were forbidden entry …
“Still, it was a flagrant abuse of the power to enter a worksite and act contrary to the Law, as if “those rules don’t apply to us and we can do whatever we want”.”
The Court went on to say:
“There is little, to no, evidence of any contrition on behalf of any of the three Respondents. As previously noted, there is no evidence from either [Mr Blakeley] or [Mr Gibson] and therefore there is no evidence to say that either has “changed their ways” or that they won’t behave in a similar manner in the future.”
The Court also noted the CFMMEU’s history of contraventions:
“Each of the Respondents have factors unique to them which need to be considered by the Court. The [CFMMEU] has an unenviable record before this Court. They have been described by other members of this Court as a “rogue union” and a “repeat offender”. I have previously described the [CFMMEU] as “the greatest recidivist offender in Australian corporate history”.”
ABCC Commissioner, Stephen McBurney, said the penalties and the strong comments highlighted the Court’s frustration with the CFMMEU’s systemic pattern of behaviour when it comes to getting its way on construction sites.
“A recurring feature of the unlawful conduct evident in Court findings against the CFMMEU and its officials is a disregard for safety protocols. The actions of Mr Gibson and Mr Blakeley in this case involved physically blocking trucks and workers from simply doing their job.
“Judge Vasta described the conduct directed towards workers in this case as aggressive, combative, belligerent and intimidating with the potential to cause catastrophic results.
“Such behaviour has been denounced in the judgment delivered by the Federal Circuit and Family Court..
“If anyone experiences abuse, threats, intimidation or unlawful conduct on building and construction sites, they should contact the ABCC.”
Penalties awarded against | Penalties awarded |
Andrew Blakeley | $7,000 |
Luke Gibson | $10,000 |
CFMMEU | $85,000 |
Total penalties | $102,000 |
Since the ABCC was re-established on 2 December 2016:
· In Queensland alone, the CFMMEU and its representatives have had $3,493,543 in penalties imposed upon them for 982 contraventions in 20 separate cases.
· Nationally, the CFMMEU and its representatives have had $14,799,263 in penalties imposed for 1,663 contraventions in 82 separate cases.
