The ABCC has commenced court action against the CFMMEU and its representative, Jason Gill, for allegedly making death threats against workers who attempted to cross a CFMMEU organised picket line during last year's long-running dispute with Fremantle Port operator Qube Holdings Ltd.
From July to October 2021 the CFMMEU conducted an industrial campaign, including organising pickets at various entry gates of the Fremantle Port, in support of claims for a new enterprise agreement.
During the campaign, it is alleged senior WA CFMMEU officials, including Christy Cain and Will Tracey attended the picket and encouraged the picketers to continue their action.
It is further alleged that CFMMEU Victorian State Secretary John Setka and CFMMEU National Secretary David Noonan participated in the picket virtually, including by recording messages to the picketers, encouraging them to continue the picket.
The ABCC is alleging in its statement of claim that on the morning of 24 August 2021:
· About 30 picketers, many wearing CFMMEU branded clothing, waving banners and shouting "MUA here to stay" gathered outside the entry gates of the Kwinana's Bulk Jetty at the Port.
· When a worker arrived at the entry gate to report for his morning shift, members of the picket line began shouting insults at the worker including that he was a "scab" and a "dog".
· Upon the worker's colleague arriving at the gate to escort him in, the picketers (including Gill) made barking sounds and yelled the words "scab", "dog", and "I know where you live".
· Mr Gill came to within around 30 centimetres of the worker's colleague and said to him "you'll end up dead if you keep going like this".
· Another person in the crowd said to the worker's colleague "I'll kill ya" followed by the picketers chanting repeatedly, "MUA, here to stay!" and a picketer saying he should "think about [his wife's name] and the kids".
· Members of the picket shouted at the worker "you dog", "you scab" and "I am coming to get you" and a picketer said to the worker "Go in my doghouse".
· A picketer who was wearing a balaclava, made a hand gesture to the effect of a shooting gun which he aimed at the worker and his colleague.
The ABCC is seeking the imposition of pecuniary penalties against the CFMMEU and Mr Gill for multiple adverse action and coercion contraventions contrary to the Fair Work Act.
The ABCC is seeking compensation to be paid to both workers for their economic and non-economic loss suffered as a result of the alleged contraventions.
