Canberra union official Johnny Lomax helped coerce an Adelaide building site manager into letting a Construction, Forestry, Mining and Energy Union flag be flown from the hook of a building site crane, the Federal Court has found .
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Judge J. White ruled Mr Lomax acted improperly and participated in coercion during an unannounced CFMEU visit to Lend Lease's Flinders University building site on October 30, 2013.
The ACT CFMEU organiser, who had a blackmail charge against him dropped by the ACT Director of Public Prosecutions in October, could be fined up to $21,600.
Judge White found, on November 20, Mr Lomax, a former Canberra Raiders football star, had breached Sections 348 and 500 of the Fair Work Act.
Both breaches fall under the civil remedy provision of the act. The complaints were lodged by the Fair Work Building Industry Inspectorate. Judge White adjourned a penalties hearing to a date to be fixed.
During October 2013 Lend Lease poured about 1500 cubic metres of concrete for the foundations of the university's 18,000 square metre, $120 million, Tonsley Precinct.
Judge White was told Mr Lomax was one of four CFMEU officials who entered the site, where almost 70 form workers were working, about 9am on October 30.
The others were: Adelaide organiser Mark Gava; Muhammed Kalem, from Melbourne; and "Vern", also from Melbourne.
By the time Brenton Crabb, the site manager, was told of their arrival, the men had entered the site and were walking around unescorted.
Mr Crabb asked Gava for an entry permit.
Mr Gava said: "We haven't got one … We're not leaving... We're going for a walk on the site."
Mr Gava introduced his companions as "Moe, Vern and John". He said: "These guys are officials from interstate and they want to look around."
Mr Kalem asked: "Why isn't the CFMEU flag on the crane hook?"
Mr Crabb said: "It's fixed to the machine deck on the crane where it is secure and that is where it will stay."
Mr Kalem said: "It better be flying by lunchtime."
The four CFMEU men, including Mr Lomax, and a fifth man, identified only as Leo, came back at 2.15pm.
Mr Crabb said Mr Kalem said: "If you don't put it up there we'll bring back 10 brothers tomorrow and stop the job."
Judge White said Mr Gava falsely told one of the crane workers, a Mr Timms, Mr Crabb had given permission to fly the flag from the hook.
"Photographs show Mr Lomax assisted by supporting it [the flag] while Mr Timms was attaching it to the hook," he said.
The flag was taken down the following day on Mr Crabb's orders.
