Court says union members tried to bring about 'what they perceived to be a favourable industrial outcome'
The Mining and Energy Union (MEU) and five of its former officials have been penalised more than $650,000 for verbally abusing workers at the Oaky Creek North coal mine in central Queensland.
"The respondents' intent in engaging in such intimidating and threatening conduct was to bring about what they perceived to be a favourable industrial outcome. They did so in circumstances where they at least ought to have known that such conduct was unlawful," said Justice Darryl Rangiah as quoted by the Fair Work Ombudsman (FWO).
The Federal Court imposed a penalty of $535,500 against the MEU.
Five of the former officials of the union also received the following penalties:
- Stephen Smyth, District President of the Queensland District Branch of the Mining and Energy Division ($85,680)
- Jade Ingham, Divisional Branch Assistant Secretary of the Queensland and Northern Territory Construction and General Branch of the Construction and General Division ($12,930)
- Chris Brodsky, District Vice President of the Queensland District Branch of the Mining and Energy Division ($10,710)
- Blake Hynes, Delegate of the Queensland and Northern Territory Construction and General Branch of the Construction and General Division ($6,930)
- Brodie Brunker, Broadmeadow Mine Lodge Assistant Secretary of the Queensland District Branch of the Mining and Energy Division ($5,355)
According to the Fair Work Ombudsman, this is the highest amount of penalties that it secured in relation to breaches of section 348 of the Fair Work Act, which makes coercion in respect of industrial activity unlawful.
Verbal abuse committed
The breaches took place before the demerger of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), according to the FWO.
The CFMMEU was holding negotiations for a new enterprise agreement, and the EA employees were carrying out protected industrial action.
Among their unlawful actions cited in court include:
- Verbally abusing (or inciting verbal abuse) and filming workers going to and from work at the Oaky Creek underground coal mine on multiple occasions in 2017
- Publishing derogatory material on Facebook about some Oaky Creek workers in 2017
- Encouraging or inciting, in 2017, the publishing of a list of "Oaky North scabs" on Facebook and not taking it down until early 2018
- Putting up "scab signs" naming specific workers on the roadside near the mine
'Repeated, sustained' abuse
According to the justice, the "repeated, sustained, and violent nature of the abuse" would have had a detrimental effect on the employees' wellbeing.
"General deterrence is particularly important in this matter given the contravening conduct was a clear attempt to deny the workers the freedom to choose whether to participate in the industrial activities of the CFMMEU. This is a core tenet of freedom of association," Rangiah added.
Meanwhile, Fair Work Ombudsman Anna Booth reminded unions to stop short of the aggressive intimidation tactics, in-person or online, that can hurt other employees.
"No one should be subject to aggression or abuse for exercising their rights to freedom of association," Booth said in a statement. "There is simply no place for unlawful intimidatory and threatening conduct against a worker choosing to go to work."
