A UNION official who intimidated and abused a WorkSafe official at a Castlemaine construction site has been fined thousands by the federal court.
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The Construction, Forestry, Maritime, Mining and Energy Union, and senior official Alex Tadic, have received hefty penalties after an incident of intimidation at the Castlemaine Police Station in 2014.
The Federal Court in Victoria penalised Mr Tadic and the CFMMEU a combined $59,500 on Thursday for abuse of a WorkSafe official.
The court found Mr Tadic intimidated and abused a WorkSafe inspector while he was attempting to perform his duties investigating the health and safety of workers.
The Australian Building and Construction Commissioner successfully appealed an earlier Federal Court decision dismissing a case against Mr Tadic and the CFMMEU.
The CFMMEU was penalised $51,000, the maximum available penalty.
Mr Tadic was penalised $8,5000.
The Federal Court stated, "The permit Mr Tadic had to enter the site was not a licence to bully, intimidate or threaten [the WorkSafe inspector], or anyone else for that matter".
"In my view Mr Tadic abused that power by his conduct towards [the WorkSafe inspector]. Such conduct would not be tolerated in a workplace as between employees or as between an employer and employee," the court stated.
"Mr Tadic's behaviour, by any measure, amounted to bullying and intimidation."
The Federal Court found Mr Tadic's unlawful conduct was "within or close to the worst category of cases for contravention of... the Fair Work Act."
"Intimidating and abusive behaviour by a Union official permitted to enter a site for the vital purpose of protecting the health and safety of workers on the site must be condemned in the strongest terms," the court stated.
The court found Mr Tadic's conduct went beyond what was justifiable in the pursuit of the protection of health and safety of workers on the site.
"It strayed into the realm of intimidation and abuse directed at a WorkSafe official attempting to discharge his duties, which were aimed at the same objective, namely to protect the health and safety of workers," the court stated.
Mr Tadic has previously been found in breach of the Fair Work Act, for an incident at the Ulumbarra Theatre construction site in July 2014.
His history of offending includes unlawful industrial action and coercion on the Monash Project Site, and the Eastlink Freeway Project Site.
ABCC commissioner Stephen McBurney said the Castlemaine penalty judgment showed the CFMMEU was prepared to use unlawful tactics against health and safety officials in order to get their way.
Mr McBurney said the ABCC would defend the rights of authorised health and safety officials to go about their important work free from abuse and intimidation.
"Mr Tadic and the union's track record demonstrates that this is not an isolated case, but a pattern of disregard for the law," Mr McBurney said.
"The union has done nothing to address this unlawful conduct resulting in the Court imposing significant penalties on Mr Tadic and the CFMMEU."
The CFMMEU and WorkSafe have been contacted for comment.
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