During the meeting, Mr Upton said: “The f--king 90 dog c--ts that resigned from the union the day after we f--king signed the EBA after we got the conditions we got now, this is a f--king union site. “If you don’t f--king like it, f--k off somewhere else. We got you these conditions, we know who you are. We’re going to put your names on the back of the toilet doors ... if you’re not in the union, you can f--k off somewhere else. “This is a f--king union site, we have other union sites starting up next year and if you’re not in the union, you can f--k off too, you are not welcome.” Barrow Island.

An employee complained about Mr Upton’s conduct, and the Australian Building and Construction Commission commenced an investigation into the incident. Appearing in the Federal Court of Australia on Thursday, Mr Upton conceded he gave the workers a “spray” but argued there was a “complete absence of any economic loss or damage, and no stoppage of work” due to his rant. Justice Michael Barker said Mr Upton had “not held back” in speaking to the workers, and said telling employees he would put their names on toilet doors was particularly intimidating. “I do not need to repeat the language that he used. It was foul,” Justice Barker said. “It was calculated to send a strong message to all employees, whether members of the CFMEU and other unions, or not, that continued membership of unions was essential to obtaining continued employment on sites such as the Gorgon Project.

“It may be that such union behaviour goes down well amongst some of the hierarchy and rank and file of a union, but it is not conduct that reasonable people in the community who have some understanding of the role and importance of unions expect of a responsible union official. “There is no evidence that any corrective action has been taken, either by Mr Upton or the CFMEU.” Justice Barker imposed a $8100 fine on Mr Upton while the CMFEU was fined $43,200. CFMEU boss Mick Buchan. In response to the decision, CMFEU WA state secretary Mick Buchan said “strong words never killed anyone”.

“It’s a tough industry. No member of ours has ever complained to me about our language,” he said. “They complain to the union daily, hourly, about their pay and conditions and poor safety. We will continue to fight for improvements. “Our job first and foremost is to be a good union for workers and the agreement we got with the new rosters, during a time of great stress on the FIFO workforce with suicides was just that – a good outcome, which we will always pursue with vigour. “The fine is a little over 25 per cent of [that] imposed recently for killing two workers. We need to change the rules.” Federal Workplace Minister Craig Laundy took the opportunity to rubbish the CMFEU as the “most lawless union” in the country.