FWO files proceedings against CFMEU

CFMEU is facing the music once again, this time with the Fair Work Ombudsman (FWO) bringing proceedings against a union official for alleged unlawful conduct at a construction site in Perth.

Stephen Parker, an official for the Construction, Forestry and Maritime Employees Union (CFMEU), is facing legal action from the FWO pertaining to an array of allegations that took place in November 2023, which includes alleged improper conduct, hindering or obstruction of workers, and failure to comply with health and safety requirements. This alleged behaviour occurred at the “Nine The Esplanade” project in the Perth CBD, which involved the construction of a 19-storey office tower.

The FWO alleges that Parker, on 27 November, exercised his right-of-entry permit at the site, explaining that he had concerns regarding the safety of a tower crane being used at the site.

It is alleged that Parker climbed the 50-metre ladder of the tower, even persisting after the site manager at the time told him to stop. Parker eventually reached the cabin and resided there for approximately one hour, during which time the crane ceased operating.

The FWO alleges that the following day, Parker once again exercised his right-of-entry permit, this time to ask for a demonstration of a “pre-start check” of the tower crane generator, which required it to be turned off.

It is alleged that after the demonstration occurred, Parker stood in front of the generator and obstructed the site manager from restarting it, saying words to the effect that it was not being turned back on until “issues” were addressed.

Parker allegedly continued to stand in front and block the generator until a technician showed up to perform routine service and maintenance on the generator, after which it was restarted again.

During the period in which the generator was shut down (two hours), the tower crane wasn’t operated, which, in turn, presented a health and safety issue as some workers were reliant on the crane to lift a rescue cage in the event of an emergency.

Overall, the FWO alleges that “Parker’s conduct breached 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, and section 499 of the act, which requires right-of-entry permit holders to comply with occupational health and safety requirements on work sites”.

It is alleged that the CFMEU, through Parker, was involved in the breaches.

Acting Fair Work Ombudsman Michael Campbell said all workplace organisations, including unions, must follow the law.

“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,” said Campbell

“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.

“Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will continue to investigate reports of non-compliance and hold to account those who act outside the law.”