Construction union and officials fined for right of entry contraventions
The Fair Work Ombudsman has secured significant penalties in the Federal Court against the CFMMEU and three of its officials for engaging in unlawful conduct at a South Australian construction site in 2021.
In submissions before Federal Court Judge Patrick O’Sullivan, CFMMEU organisers Wyatt Raymount, Travis Brook and Desmond Savage admitted acting improperly whilst a registered right of entry permit holder. Both Mr Raymount and Mr Savage are no longer employed by the union.
In early 2020, the Mossop Group was engaged by the South Australian government as the head contractor in the redevelopment of the Yatala Labour Prison in Northfield. The construction works involved the reinforcement of existing infrastructure in addition to building two new cell blocks.
On 30 August 2021, Mr Raymount and Mr Brook arrived at the site around 7:05 am in their roles as CFMMEU Organisers and permit-holders. They claimed they were at the project to investigate alleged safety issues, pursuant to the rights conferred on them under the South Australian WHS Act.
During their time on site, Mr Raymount made various statements to the site Safety Supervisor including ‘You’re useless’, ‘You’re incompetent’, ‘You’re trying to kill people’ and ‘You’re shit at your job’. After conducting a safety walk, Mr Raymount then stated, ‘The whole site is a death trap. I wouldn’t bother going back to work because there’s no point.’
Whilst on site, Mr Raymount said to the Site Manager, ‘You’re incompetent’ and said to the state QHSE Manager, ‘Luis, you are f*%king useless at your job, I can’t believe you call yourself a professional, you should be ashamed.’ He later approached him and said, ‘You are useless at your job. How can you get up every morning and do a sh*t job’.
Justice Sullivan described Mr Raymount’s comments as abusive, derogatory and offensive.
The following day, Mr Raymount and Mr Brook returned to the site. Despite being told that an exclusion zone had been established in Building E, they entered the area and remained for a short period. Their conduct contravened the Fair Work Act 2009.
On 1 September 2021, the QHSE Manager sent a text message to the state health and safety regulator complaining about the union’s behaviour, which led to an inspector visiting the site.
The next day, Mr Raymount and Mr Savage attended the site. Mr Savage positioned himself in a threatening manner towards the Site Safety Supervisor and said words to the effect of ‘The more you call your mates, the more I’ll come down on you’.
Judge O’Sullivan determined these comments constituted a threat.
Later that morning, Mr Raymount raised the complaint discussions with the Safety Supervisor and said to him ‘Come on mate. Don’t be a c*&t’. Again, the judge found these comments to be abusive, derogatory and offensive.
Judge O’Sullivan imposed a fine of $213,800 against the CFMMEU and ordered penalties of $18,900 against Mr Raymount, $7,200 against Mr Brook, and $7,600 against Mr Savage.
Media release template Ryan (fairwork.gov.au)
For questions about union officials, union right of entry, safety, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 1300 WAL LAW, 0417 622 178 or via email to dean.cameron@workforceadvisory.com.au
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.
Ref: 453.0724
