The site supervisor said arrangements had been made, in consultation with Worksafe and the female worker, for the use of existing toilets on the building site.
The court heard that Mr Benstead then asked the site supervisor why the head contractor, Tarastar Pty Ltd trading as BPM Built, had not signed an enterprise bargaining agreement. The supervisor replied it was not feasible for the business.
Justice Mordecai Bromberg found the CFMMEU, Mr Long and Mr Benstead had engaged in coercion and adverse action in their organisation of the work stoppage.
“I accept that the contravening conduct on 22 April, 2015, should be regarded as objectively serious. The conduct was deliberate and, I would infer given Long and Bensteads’ long-standing experience as union officials, engaged in in the knowledge that it was unlawful,” he said.
ABCC Commissioner Stephen McBurney said the judgment was the eighth in Victoria involving
the CFMMEU since the start of the year, with penalties totaling $526,900.
“Similar to many other cases involving the CFMMEU, the officials attended the site with the
intention of coercing the head contractor to accede to their demands,” Mr McBurney said.
“When their demands weren’t immediately met the two CFMMEU officials organised for workers to
walk off the job causing work on the project to be delayed.”
Justice Bromberg penalised Mr Long $6000 and Mr Benstead $6500, to be paid out of their own pockets. The union was separately fined $38,000.