FWO says union official put lives of several workers at risk at Perth project
An official of the Construction, Forestry, and Maritime Employees Union (CFMEU) is facing legal action from the Fair Work Ombudsman (FWO) for obstructing crane operations at a construction site in Perth.
The FWO is accusing Stephen Parker of breaching section 500 of the Fair Work Act, which prohibits acting in an improper manner and/or intentionally hindering or obstructing persons at a work site.
Parker is also accused of violating section 499 of the Act, which requires right-of-entry permit holders to comply with occupational health and safety requirements on work sites.
Alleged obstruction of crane operations
According to the FWO, Parker allegedly obstructed crane operations at the "Nine The Esplanade" project in the Perth Central Business District between November 27 and 28, 2023.
On November 27, Parker allegedly climbed a 50-metre ladder from the base of a tower crane to the crane cabin despite requests from the site manager not to do so.
The CFMEU official reportedly stayed there for approximately an hour, during which the crane ceased operating.
The day after, Parker's alleged actions also left the tower crane generator shut down for approximately two hours while he asked for a "pre-start check" and prevented the site manager from restarting it until a technician arrived to perform routine service and maintenance on the machine.
The FWO said Parker's actions put at risk the lives of several workers at the site who relied on the crane to lift a rescue cage in case of an emergency.
FWO seeking penalties
According to the FWO, the union official's actions related to improper conduct, hindering or obstruction of workers, and failure to comply with health and safety requirements.
The FWO is now seeking penalties in court in relation to four alleged breaches of the Fair Work Act, with Parker facing penalties of up to $18,780 per breach.
It is also alleged that the CFMEU, through Parker, is also involved in the breaches. The union is facing penalties of up to $93,900 per breach.
"Union officials are provided rights under industrial laws, which can include certain rights to enter work sites, but they come with related legal obligations to behave in a proper manner and meet health and safety requirements," Michael Campbell, acting Fair Work Ombudsman, said in a statement.
"We expect union officials to follow the law. The CFMEU has an extensive history of non-compliance and as an independent regulator, we will take action to deter unlawful conduct."
The allegations come as the FWO has secured more than $3 million in penalties against the CFMEU and its officials in court cases since December 2022, when they were transferred from the now-abolished Australian Building and Construction Commission.
