FWO secures penalties against CFMMEU and Victorian union official
The Fair Work Ombudsman has secured significant penalties in the Federal Court against the CFMMEU and one of its officials for engaging in unlawful conduct at a Melbourne construction site in 2022. The proceedings were initially commenced by the now-defunct Australian Building and Construction Commission (ABCC).
In submissions before Federal Court Judge Amanda Mansini, CFMMEU organiser Paul Tzimas admitted committing two breaches of the Fair Work Act 2009 by undertaking improper conduct whilst a registered right-of-entry permit holder.
ADCO Constructions Pty Ltd was the principal contractor constructing a multi-story commuter car park at the Belgrave Railway Station. ADCO senior management on the project included the Senior Site Manager, Mr K, and the Site Manager, Mr C.
On 2 May 2022, Mr Tzimas entered the project in his role as CFMMEU Organiser and permit-holder. He claimed that he was at the project to notify of and investigate alleged safety issues, pursuant to the rights conferred on him under the Victorian OHS Act.
Upon arrival at the project on this day, he met with Mr C to be escorted on an inspection of the workplace. By his own admission, shortly after commencing the inspection, he noticed Mr K, who appeared to be cleaning up some signage adjacent to a nearby vehicle gate area. He walked away from his escort and approached Mr K and an exchange of words took place between the pair.
Mr Tzimas admitted that he then pushed Mr K with one hand into his shoulder, resulting in Mr K losing his balance and taking several steps backward. He then proceeded to knock the hard hat off Mr K’s head and pushed him again in the chest using both hands, causing him to again lose balance and take steps backwards. The men then went off in separate directions.
The result of the inspection was that ADCO agreed to revise their safe work method statement (SWMS) to add a requirement for spotters to supervise excavator operation to ensure safe passage for workers required to pass through the area.
Mr Tzimas acknowledged before Judge Mansini that he could not explain his actions, regretted touching Mr K, was disappointed in himself, and showed considerable remorse for his conduct.
As Judge Mansini noted in regard to Mr Tzimas, “On the admitted facts, there could be no doubt that the two physical contacts were of some impact to Mr K, at least in terms of the disrespectful and aggressive interruption to the task he was undertaking (however brief) … (he) was there at the project to investigate alleged safety concerns yet chose to effectively compromise safety by initiating physical aggression toward an employee of ADCO and senior site manager and in doing so also caused the removal of his personal protective equipment (by knocking or flipping the hard hat off Mr K’s head).
As she noted, “by their admitted contraventions of s.500, Mr Tzimas and by its involvement, the CFMMEU have ultimately undermined the Act’s framework and the balance that the objects of Part 3-4 were designed to achieve”.
She imposed a fine of $62,000 against the CFMMEU and an order of $10,500 against Mr Tzimas ($3,150 of which he must personally pay).
CFMMEU penalised for improper conduct – Fair Work Ombudsman
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 0417 622 178, 1300 WAL LAW 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: 451.0724
