CFMEU organiser’s assaults “extreme…unacceptable”

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The Federal Magistrates Court in Brisbane, imposed penalties totalling $8800 on former CFMEU organiser Wayne Carter, for contraventions of the Workplace Relations Act 1996 (WR Act) that occurred in December 2008.

ABC Commissioner John Lloyd said that Carter’s behaviour was extreme.
“Adherence to right of entry requirements is crucial to the lawful running of the building and construction industry. The requirements are clearly set out in the law. In this case CFMEU officer Wayne Carter flagrantly disregarded the law,” Lloyd said
The proceedings arose after Carter unlawfully entered the Queensland premises of pre-cast concrete panel manufacturer Procast Australia Pty Ltd, despite being advised that he did not meet the requirements for right of entry.
Carter refused repeated requests to leave the site and engaged in improper conduct including using abusive language, twice assaulting Procast’s COO, who suffered injury to his wrist.
“The penalties imposed on Mr Carter for this behaviour are close to the maximum available and should send a clear message that abusive and aggressive behaviour will not be tolerated.”
In fixing the penalties the court observed:
“He [Carter] was unreasonably and excessively belligerent and offensive by his initial conduct and use of language...he proceeded to assault the chief operating officer by shoving him on two occasions, once with such force that he caused the chief operating officer to fall to the ground with such force that he dislodged the chief operating officer’s hardhat.”
The court imposed a penalty of $3300 on Carter for contravening s768(1) of the WR Act, by misrepresenting his rights as a permit holder and a further $5500 for contravening s.767(1) of the WR Act, by acting in an improper manner while seeking to exercise his rights as a permit holder to enter premises.
Link to judgment: [2010] FMCA 462.

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CFMEU organiser’s assaults “extreme…unacceptable”

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