‘F---ing scab’, ‘maggot’, ‘dirty rat’: Union faces $657k in penalties for abusive conduct

The Fair Work Ombudsman (FWO) has secured a total of $657,105 in penalties in court against the Mining and Energy Union (MEU) and five union officials for abusive conduct.

In a shocking revelation, the Federal Court has imposed penalties of $535,500 against the MEU.

The court also secured penalties against previous union officials of $85,680 against Stephen Smyth; $10,710 against Chris Brodsky; $12,930 against Jade Ingham; $6,930 against Blake Hynes; and $5,355 against Brodie Brunker.

Furthermore, the MEU has been ordered to pay $10,000 in compensation to one worker who had been verbally abused and subject to derogatory social media material, as well as abusive signs being made calling him a “scab”.

The court found the Fair Work Act was breached numerous times as the following conduct was undertaken during the industrial dispute:

• Verbally abusing (or inciting verbal abuse) and filming workers going to and from work at the Oaky Creek underground coal mine, located north-west of Emerald, on multiple occasions in 2017.
• Publishing derogatory material on Facebook about some Oaky Creek workers, also in that year.
• 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.

This horrific conduct was orchestrated in the context of negotiations for a new enterprise agreement (EA) and EA employees who were undertaking protected industrial action.

Justice Darryl Rangiah, who oversaw the case, found the MEU representatives’ conduct was meant to intimidate the workers and to do so, “aggressive and offensive” language had been used at the protests.

For instance, Smyth’s use of words such as “f---ing scab”, “maggot”, and “dirty rat”, and Ingham’s use of “You’re a f---ing maggot” and Hynes’ use of “Hit a tree you maggot c---.”

According to Justice Rangiah, these contraventions of verbal abuse spanned over a period of three months, although broader abuse spanned over a five-month period. Throughout this period, workers were verbally chastised to and from work each day, to which this abuse was often hurled through loudspeakers by protesters on the only road that garners access in and out of the mine.

“The repeated, sustained and violent nature of the abuse would have had a detrimental effect on the mental wellbeing of the workers,” said Justice Rangiah.

“The 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.”

It’s important to note that at the time of the conduct, the five officials of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (prior to the eventual demerger of that union), held the following positions:

• Stephen Smyth, district president of the Queensland district branch of the mining and energy division.
• Chris Brodsky, district vice president of the Queensland district branch of the mining and energy division.
• Brodie Brunker, Broadmeadow Mine Lodge assistant secretary of the Queensland district branch of the mining and energy division.
• Jade Ingham, divisional branch assistant secretary of the Queensland and Northern Territory construction and general branch of the construction and general division.
• Blake Hynes, delegate of the Queensland and Northern Territory construction and general branch of the construction and general division.

Justice Rangiah noted the need for the deterrence of future misconduct occurring.

“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 CFMEU. This is a core tenet of freedom of association,” he said.

Fair Work Ombudsman Anna Booth, noted the significance of the penalties displayed the seriousness in which these officials breached the law in terms of their contraventions.

“This case highlights the line in the sand that must not be crossed,” said Booth.

“Australia’s enterprise bargaining system enshrines a right to take protected industrial action to leverage union claims, but unions must stop short of the aggressive intimidation tactics seen in this case – both in-person and online – which hurt other workers.”

“No one should be subject to aggression or abuse for exercising their rights to freedom of association. There is simply no place for unlawful intimidation and threatening conduct against a worker choosing to go to work.”

It is yet another damaging indictment on members affiliated with the CFMEU, which is undergoing administration after widespread allegations of corruption, toxicity, and intimidation being rife throughout the organisation were reported throughout numerous media channels.