on 04-04-2014 07:06 PM
SHOCKED unionists in the building industry are just discovering they can no longer expect to be protected from the full weight of the law by compliant union-friendly Labor governments in Canberra. The union thugs are being chased down, prosecuted, fined — and in a new twist — actually being made to pay up.
Spearheading the overdue drive to ensure union heavies and their moronic members are given the same treatment as other criminals is Nigel Hadgkiss, the director of Fair Work Building & Construction (FWBC), who returned to the agency last October.
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A former assistant commissioner with the AFP and national director of intelligence in the Australian Crime Commission, he gained first-hand experience into union rackets as deputy commissioner of the Australian Building and Construction Commission (ABCC) — the successful watchdog set up by the Howard government in the wake of the Cole Royal Commission into the industry in 2005.
Seven years later, the Gillard government pulled its teeth, collapsing the ABCC into its timid FWBC. Those teeth have now been restored by the Abbott government and they are biting.
Last September, 117 members of the Australian Manufacturing Workers Union (AMWU) and Construction Forestry Mining and Energy Union (CFMEU) who took part in unlawful industrial action on a West Australian business site in 2008 were fined more than $1 million.
Federal Court judge John Gilmour found their eight days of unlawful industrial action had resulted in significant economic losses and project delays to a Woodside LNG project on the Burrup Peninsula. He said the action was in defiance of an Australian Industrial Relations Commission (AIRC) return to work order issued after the first day of the action.
He ordered that $680,125 be paid within 60 days, with the remaining $387,875 to be suspended. Workers who obeyed the AIRC injunction and who did not subsequently break the law had 50 per cent of their penalties suspended for three years.
The penalties were apportioned according to the number of days on which the 117 individuals had taken unlawful industrial action.
When I called to see whether they had paid or whether they had ignored the Federal Court ruling, Hadgkiss said: “We have collected $488,125. This leaves $196,375 outstanding.
“Thirty-three workers are yet to make any payment.” But he’s not giving up.
“In relation to the workers with outstanding amounts we have commenced taking action,” he said. “Where we have been able to identify property — most commonly cars and houses — we have filed and served property search and seizure orders.
“The bailiff is currently executing those orders. This has already resulted in further payments, plus additional amounts to cover costs. Where we could not identify property we are going to require those workers to attend means examination in the Federal Court.
“Proceedings have been filed and are in the process of being served on the workers. Hearings in early May have already been scheduled by the court. This process is also likely to incur costs that will need to be paid by the workers, as well as their penalties. This is a warning to all workers that if they breach workplace laws, FWBC will not hesitate to enforce penalties imposed by the courts.”
Yesterday, FWBC launched proceedings in the Federal Court in Brisbane against the rogue CFMEU and five of its officials over a picket that prevented work on the Common Ground Project site — a housing development for the homeless.
On Wednesday, FWBC sought an urgent hearing in the Federal Court of Australia to prevent further disruptive conduct by the CFMEU at the $400 million Bald Hills Wind Farm construction site at Gippsland, in southeast Victoria.
Last month notorious CFMEU boss Joe McDonald was banned by the Federal Court from Brookfield Multiplex sites for three years and fined $30,500 — with the CFMEU also fined $143,000 as a result of appalling bullying and intimidation by McDonald on Perth building sites.
It’s a new ball game.
With federal Labor out of office, union thugs and bullies can no longer run their protection rackets with impunity and those who want to work will be free to do so.
on 04-04-2014 07:21 PM
on 05-04-2014 12:34 AM
the biggest bullies and thugs in Australia atm are the government and their treatment of the most vulnerable groups of people in our society - refugees (including children) and the disabled. they are are disgrace and are ruining this country. they alway sprout on about Christian beliefs and backgrounds but have no christian compassion or attitude. I am totally ashamed of how Australia is being run and how we must appear to the rest of the world. I know this will be put down and disagreed with but personally i only care about those in need not super rich greedy mining magnates, money hungry politicians and those in society who don't bother looking past their own fenceline at what is happening in our society at the moment and consider those that are truly suffering.
on 05-04-2014 12:42 AM
on 05-04-2014 12:59 AM
Vampire, it is really horrible the way asylum seekers are treated by the public, never mind by the government. All the stop the boats slogan (the only thing that got Howard re-elected with the children being thrown overboard and Tony Abott in) is turning Australians against people that really need help.
I have no idea why people have become so uncaring.
Tony Abott is supposed to be a Christian. God would not look kindly.
on 05-04-2014 07:45 AM
Don't you just love how they are listing cases for occurrences in 2008?
And don't you just love how they say it's only been since Abbott has been in power that these crooks have been caught? Like Wow! Abbott gets elected in September. And in that very same month, one company in Perth is fined $1mill for their underhand dealings in 2008. Abbott must be a miracle worker to have wrapped up an investigation and court proceedure in a mere few minutes of becoming PM..
And dont you love how the author of article has a go at the FWBC as if it was Gillards inneffectual little baby even though it investigated and prosecuted far more bad behaviour than the ABCC ever did?
And then Abbott comes in and restores the 'old school' powers that the ABCC supposedly had by collapsing the ABCC into the FWBC (not sure how this is possible seeing as the ABCC no longer exists) by "employing" the highly specialised Nigel Hadgkiss who took to his post in early October, only weeks after the PM was elected? Another miracle by Abbott who was able to advertise the position and go through the lengthy interview and selection process only 2 weeks after becoming Prime Minister.
Yep. The Liberals are miracle workers. Lol.