20 September 2024

The Fair Work Ombudsman has secured a total of $657,105 in penalties in court against the Mining and Energy Union (MEU) and five then union officials for conduct that included verbal abuse of workers at the Oaky Creek North coal mine in central Queensland.

The Federal Court has imposed penalties of $535,500 against the MEU, and penalties against the then union officials of $85,680 against Stephen Smyth; $10,710 against Chris Brodsky; $12,930 against Jade Ingham; $6,930 against Blake Hynes; and $5,355 against Brodie Brunker.

The MEU has been further ordered to pay $10,000 in compensation to one worker who had been verbally abused and subject to derogatory social media material as well as signs calling him a “scab”.

The Court found the Fair Work Act was breached when the following conduct was undertaken during the industrial dispute:

• verbally abusing (or inciting verbal abuse) and filming workers going to and from work at the Oaky Creek underground coal mine, located north-west of Emerald, on multiple occasions in 2017;
• publishing derogatory material on Facebook about some Oaky Creek workers, also in that year;
• encouraging or inciting, in 2017, the publishing of a list of “Oaky North scabs” on Facebook and not taking it down until early 2018; and
• putting up “scab signs” naming specific workers on the roadside near the mine.

The conduct took place in the context of negotiations for a new enterprise agreement (EA) and EA employees who were undertaking protected industrial action.

Justice Darryl Rangiah found the respondents’ conduct was meant to intimidate the workers and to do so, “aggressive and offensive” language had been used at the protests, such as Mr Smyth saying “f***ing scab”, “maggot” and “dirty rat”, Mr Ingham’s use of “You’re a f***ing maggot” and Mr Hynes’ use of “Hit a tree you maggot c***.”

Justice Rangiah said the contraventions “arising from the verbal abuse spanned a period of approximately three months (in the context of the broader abuse that spanned a period of five months). During that period, workers were verbally abused on their way to and from work each day. The verbal abuse was often yelled through loudspeakers by protestors situated on the only road in and out of the Mine”.

“The repeated, sustained and violent nature of the abuse would have had a detrimental effect on the mental wellbeing of the workers,” His Honour said.

“The respondents’ intent in engaging in such intimidating and threatening conduct was to bring about what they perceived to be a favourable industrial outcome. They did so in circumstances where they at least ought to have known that such conduct was unlawful.”

At the time of the conduct, the five officials of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (prior to the demerger of that union), held the following positions:

• Stephen Smyth, District President of the Queensland District Branch of the Mining and Energy Division;
• Chris Brodsky, District Vice President of the Queensland District Branch of the Mining and Energy Division;
• Brodie Brunker, Broadmeadow Mine Lodge Assistant Secretary of the Queensland District Branch of the Mining and Energy Division;
• Jade Ingham, Divisional Branch Assistant Secretary of the Queensland and Northern Territory Construction and General Branch of the Construction and General Division; and
• Blake Hynes, Delegate of the Queensland and Northern Territory Construction and General Branch of the Construction and General Division.

Justice Rangiah noted the need for the deterrence of future misconduct.

“General deterrence is particularly important in this matter given the contravening conduct was a clear attempt to deny the workers the freedom to choose whether to participate in the industrial activities of the CFMMEU. This is a core tenet of freedom of association,” he said.

Fair Work Ombudsman Anna Booth said the significant court penalties affirmed the seriousness of breaching the law with respect to coercion.

“This case highlights the line in the sand that must not be crossed,” Ms Booth said.

“Australia’s enterprise bargaining system enshrines a right to take protected industrial action to leverage union claims, but unions must stop short of the aggressive intimidation tactics seen in this case – both in-person and online – which hurt other workers.

“No one should be subject to aggression or abuse for exercising their rights to freedom of association. There is simply no place for unlawful intimidatory and threatening conduct against a worker choosing to go to work.

“A person has the right to take part or not take part in industrial activity. The rights of all workers and employers must be respected.”

The total penalties are the largest the FWO has secured in relation to breaches of section 348 of the Fair Work Act which makes coercion in respect of industrial activity unlawful.

Information is available on our website about protections at work, including an employee’s protection from coercion, and in relation to industrial activities.

Employers and employees can also visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.