The Fair Work Ombudsman is taking legal action against the CFMEU and five officials for incidents during an Oaky North coal mine dispute more than three years ago.

It is alleged that the union and each of the officials contravened the Fair Work Act by engaging in and encouraging abusive conduct that amounted to adverse action and coercion during an industrial dispute at the mine.

The CFMEU’s mining and energy division has indicated it will defend the charges but is making no further comment on the Federal Court case at this stage.

The FWO alleges the breaches of workplace laws occurred at the Oaky North mine, north-west of Emerald, between July 2017 and December 2017.

Union members took protected industrial action in that period, including stoppages of work, and in response the mine operator, Oaky Creek Coal, locked CFMEU members out of the mine.

Abuse alleged against workers crossing pickets

It is alleged the abusive conduct was directed at employees and contractors who continued to work at the mine.

The FWO alleges the conduct included:

• verbal abuse of the workers on their way to/from work each day from a series of pickets that had been established;
• social media abuse of the workers on a union-administered Facebook page; and
• erecting signs along the road approaching the mine naming certain workers as “scabs”.

“The Fair Work Ombudsman is prepared to take legal action to uphold the provisions of the Fair Work Act that protect freedom of association by ensuring that employees are free to participate, or not participate, in industrial activity,” Fair Work Ombudsman Sandra Parker said

The union faces maximum penalties of up to $63,000 per contravention. The officials each face maximum penalties of up to $12,600 per contravention.

Mining and energy division Queensland district president Stephen Smyth is among the five CFMEU officials facing court, along with Chris Brodsky, Brodie Brunker, Jade Ingham, and Blake Hynes.