A Fremantle wharf worker has won more than $23,000 in court-ordered penalties and compensation after a union member threatened he would “end up dead” for refusing to join a picket line
A Maritime Union of Australia (MUA) member has been ordered to pay more than $23,000 in penalties and compensation after threatening a co-worker that he would “end up dead” for refusing to join industrial action at Fremantle Harbour.
The Fair Work Ombudsman secured a $9,324 penalty against Jason Gill for breaching the Fair Work Act by threatening a fellow worker who continued to work during a 2021 dispute between the MUA and Qube Ports Pty Ltd. The Federal Court had earlier ordered Mr Gill to pay the worker $14,000 in compensation for distress, after finding the threat caused ongoing panic attacks and sleep issues.
The incident occurred on 24 August 2021, when Mr Gill told the worker, “You’ll end up dead dog if you keep going like this,” as the worker crossed an MUA picket line to enter the Qube Ports site. Justice Craig Dowling found the remark amounted to coercion and adverse action for exercising the right not to participate in industrial action, breaching sections 346, 348 and 343 of the Fair Work Act.
Justice Dowling described the threat as “unquestionably of a very serious nature” and said it was made in a dark, intimidatory environment, with picketers shouting abuse such as “scab”, “dog” and “I know where you live”. He found Mr Gill had shown no contrition and said there was a clear need for a penalty to deter similar conduct.
Fair Work Ombudsman Anna Booth said the outcome underscored the seriousness of coercion and adverse action in the workplace, stating that no worker should face threats or intimidation for choosing whether or not to join industrial activity.
The proceedings were originally brought by the Australian Building and Construction Commissioner in March 2022, before responsibility for the case shifted to the Fair Work Ombudsman later that year. With this decision, all matters transferred from the ABCC have now been finalised, resulting in total penalties of $3,849,290, the vast majority of which were imposed on the CFMEU or its officials.
