CFMEU and Fair Work Ombudsman Facing Legal Action for Crane Stunt
The Fair Work Ombudsman reports that Stephen Parker climbed the crane’s ladder and stayed in it for approximately an hour, halting its operation.
The CFMEU’s construction division, already under administration following legal action from the federal government in August, is now facing further legal challenges, including one involving their organizer, Stephen Parker.
According to the Fair Work Ombudsman (FWO), Parker allegedly used his right-of-entry permit at a 19-story office tower site in Perth in November and then proceeded to breach the Fair Work Act by scaling a crane and preventing it from functioning.
The site is managed by Multiplex, which has raised concerns with the Fair Work Commission about the authenticity of their workplace agreement, currently awaiting approval, due to alleged CFMEU coercion. Multiplex, along with at least six other builders, is planning to eliminate CFMEU “vetoes” and other restrictions that allow the union to influence the choice of subcontractors.
The FWO also claims that Parker obstructed the site manager from restarting the crane generator after requesting a pre-start check demonstration and maintenance work.
As a result, the generator and crane were inoperable for about two hours, posing a safety risk to workers who rely on the crane to lift a rescue cage in case of an emergency.
Parker and the union are accused of two breaches of section 500 of the Fair Work Act, which prohibits improper behavior or intentionally hindering or obstructing individuals at a worksite.
They are also alleged to have twice breached section 499 of the Act, which requires right-of-entry permit holders to comply with worksite occupational health and safety requirements.
If found guilty, Parker could face fines of up to $18,780 (US$12,470) per offense, and the CFMEU could be penalized up to $93,900 per breach.
Acting Fair Work Ombudsman Michael Campbell stated that the union has a history of non-compliance, and the regulator is taking action to prevent further illegal activities.
Next week, a directions hearing is set to take place in the Federal Court in Perth. The CFMEU has been reached out to for comment.
Since December 2022, the Fair Work Ombudsman has obtained total penalties exceeding $3 million against the CFMEU and its officials in various cases.
In August, it was disclosed that Amy Pitchford, a construction manager at Multiplex, was in a relationship with the CFMEU’s Victorian Assistant Secretary Derek Christopher, who is being probed by police for alleged misconduct.
Pitchford serves on the Victorian government’s Building Industry Consultative Council, advising Industrial Relations Minister Tim Pallas on industry matters. There is no implication of any wrongdoing on her part.
AAP contributed to this report.
