Legal action against a WA CFMEU official

The CFMEU and one of its Western Australian officials are facing fresh legal action from the Fair Work Ombudsman for unlawful conduct on a Perth construction site.

The FWO alleges CFMEU WA official Stephen Parker acted improperly, hindered workers and failed to comply with health and safety requirements in November last year at a construction site of a 19-storey office tower at Nine The Esplanade.

The site’s head contractor Mutliplex reported to the ombudsman an incident that took place on November 27.

The FWO carried out an investigation alleging Mr Parker used his right of entry permit to access the site and told the site manager he had safety concerns about the crane.

The ombudsman alleges Mr Parker climbed a 50m ladder up to the crane cabin, despite requests from the site manager to stop, and remained in the cabin for an hour during which time the crane ceased operating.

The next day, the FWO allege Mr Parker returned to the site and asked for a check of the crane’s generator, which required it to be turned off, then stood in front of the machine obstructing the site manager from restarting it.

It is alleged the union official said the generator would not be switched back on until issues were resolved and waited until a technician arrived to perform routine service and maintenance on the generator.

The ombudsman claims Mr Parker’s actions created a safety risk at the site for a two hour period preventing the crane from lifting a rescue cage in the event of an emergency while it was inoperable.

FWO claim the CFMEU and Mr Parker 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.

Mr Parker faces penalties up to $18,780 for each breach, with the union facing penalties up to $93,900 for each one.

A CFMEU spokesman said they would not provide ongoing commentary while the FWO investigation continued.

“Our organisers prioritise safety at all times, and it should be noted that this matter is being brought in the day following yet another tragic death of a construction worker,” the spokesman said.

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,” he said.

“We expect union officials to follow the law.

“The CFMEU has an extensive history of noncompliance 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 noncompliance and hold to account those who act outside the law.”

The FWO is seeking penalties in court in relation to four alleged breaches of the Fair Work Act. Mr Parker faces penalties of up to $18,780 per breach and the CFMEU faces penalties of up to $93,900 per breach.

A directions hearing is listed in the Federal Circuit and Family Court in Perth on November 29.

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