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CFMEU officials allegedly ran a campaign of unlawful blockades and work disruptions targeting a Sydney concrete pumping firm at Barangaroo and Harold Park.
Todd 02-21-2016
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The top official in the CFMEU faces allegations he was involved in an illegal campaign against two Sydney building sites, the first time he has been personally targeted for penalties by the industrial relations watchdog.

Michael O'Connor, the CFMEU national secretary, was one of 13 officials who allegedly ran an illegal "blockage" campaign in February last year against a Lend Lease and Mirvac contractor in Sydney, obstructing trucks and subcontractors from entering construction sites and calling the subcontractors "f--king scabs" and "filthy dogs".

Fair Work Building and Construction, the industrial relations regulator, made the allegations in the Federal Circuit Court,about the campaign that allegedly tried to force Sydney concrete pumping company De Martin & Gasparini to sign an enterprise agreement.

It is the first time Michael O'Connor, brother of shadow employment minister Brendan O'Connor, has been accused of acting illegally.

The other union officials being accused of unlawful action include NSW state secretary Brian Parker, who was referred to authorities by the trade union royal commission for intentionally giving false or misleading evidence, and union organiser Luke Collier, who is serving three months in jail after being convicted of assault during a confrontation with members of the Australia First Party.

FWBC director Nigel Hadgkiss said workers should be allowed to do their jobs without being abused: "It is unjustifiable for a worker to be subjected to insults and abuse."

According to the regulator, during five days of protected industrial action at Barangaroo a group of officials carrying CFMEU flags assembled to prevent trucks and subcontractors from entering the construction site and shouted at the subcontractors: "F--king scabs", "Filthy dogs".

It is also alleged CFMEU official Darren Greenfield told the subcontractors: "Don't be scabs … Don't go in and do the work. We will remember this."


DISGRACE'

CFMEU official Michael Greenfield allegedly threatened to tell Lend Lease that DMG was a "disgrace" unless DMG agreed to the union's enterprise agreement.

DMG had a contract with Lend Lease for the Barangaroo development and Mirvac for the Harold Park development, and had brought in subcontractors to do the concrete pumping work when its employees went on whole day work stoppages.

The regulator alleges the union also ran unlawful blockages on February 16 and 17, 2015 at Mirvac's Harold Park site to try to coerce DMG to agree to the union's proposed enterprise agreement.

According to the regulator, CFMEU official Tony Sloane tried to obstruct the work being done by the subcontractors by raising a safety issue about the monthly testing of a concrete pump, which was later found by WorkCover to be safe.

Mr Parker also repeatedly parked his car to prevent access to a concrete pump, the regulator says.

The union and the officials can face fines if the Federal Circuit Court makes a finding they engaged in "unlawful blockages".

Employment Minister Michaelia Cash said the fact there are 73 CFMEU representatives before the courts around Australia represented a "staggering statistic" and the Australian Building and Construction Commission should be re-established to target unlawful behaviour in the construction sector.

BLATANT POLITICISATION

CFMEU construction and national secretary Dave Noonan questioned why the regulator took action some 12 months after the alleged event took place.

"This is a bulls--t charge. All of the action taken was lawful under the Fair Work Act and the timing of this points to the blatant politicisation within the Fair Work Building and Construction," Mr Noonan said.

Mr Noonan said the FWBC director Nigel Hadgkiss was bringing the court action to support the Liberal Party's push to reinstate the ABCC with extraordinary investigative powers.

Earlier this month Mr Turnbull said an early election following a double dissolution of both houses of Parliament is a "live option" if the Senate rejects the ABCC bill.

"It's being done now because the federal government is talking about the reinstatement of ABCC as a double dissolution trigger and Nigel Hadgkiss is using his public position to support the Liberal Party," Mr Noonan said.

"Naming Michael O'Connor [in the statement] makes it completely obvious that they're playing politics," he said.

Mr Noonan said the conduct of the CFMEU officials was part of the legal industrial action and CFMEU will be defending the specific allegations.

"What we've got here is a regulator who is drunk on power, and its director is acting like J Edgar Hoover," he said.

FWBC spokesman defended the timing of the filing, saying the regulator has a KPI that requires it to file a legal case within 12 months of receiving a complaint.

http://www.afr.com/news/cfmeus-top-official-named-in-intimidation-case-20160221-gmzfoi