The Federal Court of Australia ruled that the Construction, Forestry, Mining and Energy Union (CFMEU) threatened non-union members at the Chevron-led Gorgon LNG project.
An official of the CMFEU, Bradley Upton was found to have threatened with alienating non-union workers at the Gorgon project by putting their “names on the back of the toilet doors.”
Upton was referring to 90 workers who decided to leave the union following their negotiation of the new enterprise agreement.
As presented to the court, Upton referred to the non-union workers as “f…..g dog c…ts” who can find work elsewhere, saying the Gorgon LNG project’s worksite as a “union site.”
Admitting to saying the words and phrases, Upton argued that when the context of what he actually said is properly understood, he did not, by his conduct, contravene the Fair Work Act.
However, Judge Barker found that Upton, and thereby the CFMEU contravened the FW Act provisions.