Fair Work Ombudsman
Citation: FWO-2024-09-20-oaky-creek-meu-penalties-media-release
At a glance
- Respondent
- Mining and Energy Union (MEU)
- Penalty
- $657,105
What happened
The Fair Work Ombudsman secured penalties against the Mining and Energy Union (MEU) and five former union officials for intimidating and threatening conduct at the Oaky Creek North coal mine in Queensland. This occurred during negotiations for a new enterprise agreement (EA) and involved verbal abuse, filming workers, derogatory social media posts, and signs naming workers as 'scabs'. The conduct took place in 2017 and 2018. The union officials held various leadership positions within the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).
What was decided
The Federal Court imposed penalties of $535,500 against the MEU and penalties ranging from $5,355 to $85,680 against the five union officials. The MEU was also ordered to pay $10,000 in compensation to a worker who was verbally abused and targeted in social media posts. Justice Darryl Rangiah found the MEU breached the Fair Work Act by intimidating workers to influence industrial outcomes. The court emphasized the importance of deterring future misconduct to protect freedom of association.
What it means for employers
Employers should ensure their workplaces are free from intimidation and coercion, particularly during industrial negotiations. This includes actively preventing union officials or employees from engaging in abusive or threatening behaviour towards other workers. Employers should also be aware of the potential legal consequences of failing to address such conduct.
What it means for employees
Employees have the right to freedom of association and should not be subjected to intimidation or abuse during industrial action. If you experience such behaviour, you should report it to the Fair Work Ombudsman or seek legal advice. The decision highlights the protections afforded to workers who choose not to participate in union activities.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections