The CFMEU is currently engaged in a campaign to disrupt sites on days that are scheduled RDOs under the CFMEU Pattern EBA 2016-2018. The campaign appears to be in response to the growing number of contractors who are entitled to, and do, work on these days. One of the tactics being used by the CFMEU is to falsely claim that contractors working on these days are in ‘breach of the law’ and that the site will therefore be shut down if work continues.

It is important to note that whilst this campaign appears to be targeted at the growing number of contractors in the industry on non-union arrangements, the reality is that even those contractors who are covered by the CFMEU Pattern EBA 2016-2018 may require work to be performed on these days in accordance with the terms of that Agreement. The CFMEU Pattern EBA 2016-2018 contains specific procedures for the CFMEU to follow should they have concerns over work being performed by employees covered by that Agreement on scheduled RDOs – these procedures do not provide any right for the CFMEU to direct work to cease in such circumstances.

We therefore advise members to treat the campaign no differently to any other unlawful industrial action. Members seeking further information should contact the IR Department on (03) 9411 560.