Brian Parker, the union’s then-NSW branch secretary, said if police called for reinforcements he would do the same and 200 to 300 workers from other constructions sites would respond.
The striking workers trying to enter the site “f–king scabs” and “filthy dogs”, which caused one man, who later went to hospital with chest pains, to “fear for his safety”.
Federal Circuit Court Judge Nicholas Manousaridis found the CFMMEU’s actions were intended to “coerce [De Martin & Gasparini] … to agree to a new enterprise agreement on the terms proposed by the CFMMEU.
He decided the CFMMEU should pay a penalty of $404,500 with five of its then-officials to pay a total of $82,000.
Australian Building and Construction Commission head Stephen McBurney, whose agency brought the legal action against the union, said the CFMMEU and its officials had repeatedly breached industrial laws without remorse.
“Time and again we see the Courts commenting on the seriousness of the CFMMEU’s unlawful behaviour,” Mr McBurney said.
“Penalties in cases brought by the ABCC since its re-establishment on 2 December 2016 have now exceeded $10 million. Total penalties against the CFMMEU and its officials currently stand at $9.62 million,” Mr McBurney said.
The CFMEU was previously fined a record-breaking $2.4 million for other incidents at Barangaroo, in which Mr Parker also figured. The fine was later reduced on appeal.
The CFMMEU did not respond to requests for comment. Boral declined to comment.