Fair Work Infoline: 13 13 94
Media Release
22 Jan 2010
TWU prosecuted over alleged unlawful
industrial action at transport depot
The Fair Work Ombudsman has launched a prosecution against the Transport Workers
Union of Australia (TWU) and one of its officers for allegedly organising unlawful industrial
action at a national transport company.
In court documents lodged in the Federal Magistrates Court in Sydney, the Fair Work
Ombudsman alleges the TWU and Neale Harper organised employees of McColl’s Transport
to engage in unlawful industrial action at the company’s Wetherill Park depot in western
Sydney.
The unlawful industrial action allegedly lasted the full working day of February 16, 2009.
Mr Harper was an organiser for the TWU at the Wetherill Park depot and was allegedly at
the depot that day.
It is alleged that the industrial action was conducted in objection to McColl’s Transport
dismissing an employee, who was a TWU member, on February 13.
The Fair Work Ombudsman alleges that the industrial action was unlawful because it
occurred prior to the expiry of the McColl’s Transport employees’ enterprise bargaining
agreement.
It is also alleged that Mr Harper breached workplace laws by failing to return his Permit to
Enter and Inspect Premises within 14 days of it expiring in 2008.
Fair Work Ombudsman Executive Director of Complex Investigations Karsten Lehn says the
Agency decided to launch the prosecution because laws regarding how industrial action can
be lawfully conducted had allegedly not been adhered to.
The TWU allegedly committed three breaches of workplace laws and Mr Harper allegedly
committed four breaches. The TWU faces a maximum potential fine of $33,000 per breach,
while Mr Harper faces a maximum fine of $6600 per breach.
The case is listed for a directions hearing on February 2.
This prosecution follows two separate prosecutions launched recently by the Fair Work
Ombudsman against the TWU for allegedly organising unlawful industrial action by Qantas
baggage handlers at Adelaide and Melbourne in December, 2007 and at Sydney, Brisbane,
Adelaide and Perth in March, 2009.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13
Media inquiries: Craig Bildstien, 0419 818 484. craig.bildstien@fwo.gov.au Ryan Pedler,
0434 365 924. ryan.pedler@fwo.gov.au
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