Fair Work Ombudsman takes legal action against CFMEU and Stephen Parker over alleged conduct at Perth site

The Fair Work Ombudsman is taking legal action against the beleaguered CFMEU and one of its WA officials for alleged misconduct at a Perth building site. On Thursday, the FWO revealed it had started legal action against the union and official Stephen Parker over the alleged incidents at the construction site of the 19-storey office tower Nine The Esplanade last November. The watchdog was called in to investigate after the site’s head contractor, Multiplex, called for assistance from the FWO. It is alleged that Mr Parker, on multiple occasions, exercised his right-of-entry permit at the site, disrupted works and climbed 50m up a crane despite being told not to. “The Fair Work Ombudsman alleges that on 27 November, Mr Parker exercised his right-of-entry permit at the site and informed the site manager that he had safety concerns relating to a tower crane at the site,” a spokesperson said. “It is alleged that Mr Parker then climbed the 50m ladder from the base of the tower crane to the crane cabin, despite requests from the site manager not to do so. “Mr Parker allegedly remained in the cabin for approximately one hour, during which time the crane ceased operating.” It is also claimed that the next day, Mr Parker asked for a demonstration of a “pre-start check” of the tower crane generator, which required it to be turned off. It is alleged that after the demonstration was conducted, Mr Parker stood in front of the generator and obstructed the site manager from re-starting it, saying words to the effect that it was not being turned back on until “issues” were addressed. Mr Parker allegedly continued to block the generator until a technician arrived to perform routine service and maintenance on the generator, after which it was re-started. For about two hours that day while the generator was turned off and the crane was inoperable, a safety risk was in turn created for workers at the site who were reliant on the crane to lift rescue equipment in the case of an emergency. A CFMEU spokesperson said the claims made will be “vigorously defended”. “The CFMEU will make no further comment while the FWO investigation continues,” the spokesperson said. “These allegations will be vigorously defended in full support of a Union official doing his job to preserve the safety and wellbeing of construction workers on site.” Fair Work Ombudsman Michael Campbell said all workplace organisations, including unions, must follow the law. “Union officials are provided rights under industrial laws, which can include certain rights to enter work sites, but they come with related legal obligations to behave in a proper manner and meet health and safety requirements,” Mr Campbell said. “We expect union officials to follow the law. The CFMEU has an extensive history of non-compliance and as an independent regulator we will take action to deter unlawful conduct.” The FWO is seeking penalties in court in relation to four alleged breaches of the Fair Work Act. Mr Parker faces penalties of up to $18,780 per breach and the CFMEU faces penalties of up to $93,900 per breach. A directions hearing is listed in the Federal Circuit and Family Court in Perth on November 29. The Fair Work Ombudsman has secured total penalties of more than $3 million against the CFMEU and its officials in court cases that have been finalised since they were transferred from the ABCC in December, 2022.