‘You’ll end up dead, dog’: $23k fine for intimidation slapped on brazen MUA member

The Fair Work Ombudsman has ordered a maritime union member to pay $23,324 in penalties and compensation after making threats against a worker.

In his 2 April decision, Federal Court Judge Craig Dowling ordered Maritime Union of Australia (MUA) member Jason Gill to pay a total of $23,324 in penalties and compensation for threats which the judge determined were of a very serious nature.

The MUA is a division of the Construction, Forestry, Mining, and Energy Union (CFMEU), against whom the Fair Work Ombudsman sought a $99,000 fine in February, and secured a $171,500 fine against it for unlawful conduct in December.

On 24 August 2021, several MUA members formed a picket line outside the Qube Ports site at Fremantle Harbour while there was an industrial action by the MUA against Qube.

Nearby, at the Kwinana Bulk Jetty, Christopher Copperthwaite was attempting to cross the picket line to enter the Qube Ports site. Before he was able to breach the line, Gill threatened his colleague, saying: “You’ll end up dead dog if you keep going like this”, as Copperthwaite attempted to start work and forgo taking part in industrial action at Fremantle Harbour.

“The threat was made in the dark, whilst [the affected worker] was surrounded by picketers who had yelled words like ‘scab’, ‘dog’ and ‘I know where you live’ in his direction. I consider that the threat was made in an intimidatory [sic] environment,” the judge said.

“The Ombudsman also submits, and I agree, that the threat was targeted at a fellow employee who would risk having to confront Mr Gill again in a work context.”

The judge ruled that the threat was “unquestionably of a very serious nature” and that “the threat conveys that if [Copperthwaite] continues to cross the picket line and not take industrial action, he will end up dead”.

In December 2021, Gill was dismissed because of the threat, after which he submitted an unfair dismissal application. Gill told the Federal Court that the experience of being sacked by Qube was humiliating and distressing. An agreement was reached between Gill and his former employer shortly after he lodged the application so that his employment could end by resignation.

In his decision, Justice Dowling ordered Gill to pay $14,000 in compensation to Copperthwaite for causing distress, with the court finding that the threats caused panic attacks, preoccupied Copperthwaite’s mind, disrupting his family life and sleep.

“[The affected worker] still has panic attacks in dark areas and sleep issues due to the threat,” Justice Dowling said.

The judge ordered Gill to pay a pecuniary penalty of $9,324 to the Commonwealth of Australia after he did not show contrition for his conduct, as a deterrent against future contraventions, taking the total in penalties and compensation to $23,324.

Despite the penalties stacked up against Gill, the judge found that the MUA was not liable for Gill’s actions, dismissing several allegations made against Gill and the union.

Fair Work Ombudsman Anna Booth (pictured) said: “No one should be subject to threats and intimidation for exercising their right to go to work. The threat in this case was appalling.

“A worker has the right to choose whether to not take part or take part in industrial activity. They cannot be threatened, coerced, or face adverse action for their choice.

“Australia’s enterprise bargaining system enshrines a right to take protected industrial action, but union members must not make the type of threats and engage in the intimidation tactics seen in this case, which seriously impact other workers.”

Legal action against Gill was initially commenced by the Australian Building and Construction Commission (ABCC) in March 2022.

All legal cases opened by the ABCC have been transferred to the Fair Work Ombudsman after the commissioner was abolished in early 2023.