A construction union official who called non-union workers as "f---ing dog c---s" at the Gorgon Gas LNG project has been stripped of his right of entry permit.
Fair Work Commission Deputy President Melanie Binet dismissed CFMEU organiser Brad Upton's request for a right of entry permit on Monday after the Commission heard he threatened to write the names of workers who had left the union on backs of toilet doors and used the derogatory term for them.
The decision contrasts with Fair Work Commissioner Bernie Riordan's recent finding that another CFMEU official, Matthew Gosek, was unfairly dismissed after using almost identical language.
Mr Gosek allegedly called co-workers "f-----g dog , c--t and dog c--t" which Commissioner Riordan described as unfortunate but very commonplace and "used across all walks of life".
In Monday's decision, Ms Binet said Mr Upton failed to meet the "fit and proper person" test for holding a right of entry permit.
She said Mr Upton's use of obscene and abusive language revealed a "pattern of repeated conduct". She said the pattern of behaviour suggested a "lack of genuine contrition and a propensity to engage in unlawful conduct".
"This is highly relevant to the question of whether Mr Upton is a fit and proper person," Ms Binet said.
The Federal Court of Australia in September found Mr Upton addressed a group of workers at the West Australia Gorgon project for about ten minutes in a manner "which might best be described as a rant", during which he said words to the effect of:
"The f-----g 90 dog c----s that resigned from the union the day after we f----g signed the [Enterprise Bargaining Agreement] after we got the conditions we got now, this is a f----g union site. If you don't f-----g 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".
The Federal Court found Mr Upton caused a non-unionised employee emotional distress and harm.
A spokesman for Employment Minister Michaelia Cash said bullying behaviour demonstrated by the CFMEU official should have no place in any Australian workplace.
"Sadly, hardly a day goes by without a court or commission finding against the thuggish and bullying behaviour of CFMEU officials," the spokesman said.
"These findings demonstrate the endemic cultural problems of Australia's most militant union, and the utter failure of its leadership to do anything about it."