The Construction, Forestry and Maritime Employees Union has sued the country's biggest grain handler, alleging it failed to fully pay workers during a strike at its Kwinana premises.
The Construction, Forestry and Maritime Employees Union has sued the country's biggest grain handler, alleging it failed to fully pay workers during a strike at its Kwinana premises.
The CFMEU has lodged a statement of claim in the Federal Court of Australia’s Western Australian registry, naming Co-operative Bulk Handling Limited as the defendant.
In the statement of claim obtained by Business News, CFMEU alleged CBH Group failed to pay workers who took part in a protected industrial action at its Kwinana terminal in early 2023.
CBH workers stopped work over four days in January 2023, which comprises full work stoppages and partial work bans, including a three-hour ban on unloading or loading rail wagons from the time the train arrived at the grid.
In its claim, CFMEU alleged that CBH failed to pay affected employees any remuneration for the time they were implementing the wagons ban over two days.
According to CFMEU’s claim, the union’s notice of the industrial action said employees would not be paid for the work stoppages and payments would be deducted accordingly.
However, the notice did not cover reduction of payments for workers engaging in the wagons ban, CFMEU alleged in its claim.
CFMEU claimed the affected employees were ready to work and able to perform their ordinary duties other than responsibilities related to the wagons.
CFMEU alleged, in its claim, that CBH breached the plant operators agreement by failing to pay the affected employees during the wagon ban.
The union claimed the amount the affected employees should have been paid and for CBH to pay pecuniary penalties over alleged breaches of the Fair Work Act.
A CBH spokesperson told Business News it did not comment on matters before the court but provided a brief response.
“CBH takes its responsibilities to our employees very seriously,” the spokesperson said.
