Wollongong union organiser banned from worksites for three months

The ruling follows on from a 2018 incident at the construction site of Blue Haven Bonaira, which was brought to court last year by the Australian Building and Construction Commissioner.

In a Federal Court decision handed down late last year, Construction, Forestry, Maritime Mining and Energy Union representatives Gerasimos Danalis and Anthony Dimitriou were found guilty of contravening the Fair Work Act.

The court ruling found Danalis intentionally obstructed several concrete trucks from delivering their load, while Dimitriou entered the site unaccompanied after refusing to undergo a visitor's induction.

Dimitriou was fined $4000 in the Federal Court.

Because of that fine the Fair Work Commission had to either revoke or suspend Dimitriou's permit to enter work sites, unless to do so would be "harsh or unreasonable".

As the sole CFMEU organiser in the Wollongong office Dimitriou's job required him to enter work sites on a regular basis.

In a hearing Dimitriou and the union contended that it would be hard or unreasonable to take away the permit because "it would not serve any protective or corrective purpose".

Dimitriou said he understood his conduct at the Blue Haven site was wrong and was at the time of the incident "a relatively inexperienced organiser and permit holder".

Also, there had been no further breaches since that incident.

In his ruling, Commission Deputy President Tony Saunders said Dimitriou's action was "moderately serious", as indicated by the level of the fine and that he was aware he had to go through a site induction.

"Nothwithstanding these matters, Mr Dimitriou refused to undertake the induction and made the deliberate decision to enter the worksite unaccompanied by any representatives of the occupier of the premises," Deputy President Saunders said.

He also noted Dimitriou prided himself on protecting workers from the risk of unsafe workplaces, but a site induction was "one of the most basic safety requirements on any construction site".

While Dimitriou suggested the union would sack him if he lost his permit, Deputy President Saunders wrote "there is no evidence from the CFMEU to suggest that it will bring his employment to an end if his entry permit is suspended for three months".

Deputy President Saunders found it was not harsh or unreasonable to suspend Dimitriou's entry permit.

"I consider that a three-month suspension would be protective and corrective, but not penal," his ruling stated.

"I am also satisfied that a suspension (rather than a revocation) and ban for a period of three months would be appropriate in all the circumstances."