The Federal Court found Construction, Forestry, Maritime, Mining and Energy Union and its officials Simon Gutierezz and Gerasimos "Maki" Danalis engaged in unlawful activity when they stopped WGC Cranes operating in October 2018, in an attempt to pressure the company to agree to an enterprise agreement.

After union members had rejected the proposed terms of an agreement, the CFMMEU informed the company it would be taking industrial action.

While about 40 people formed a picket line outside the Ross Transport yard at Port Kembla on October 15, Danalis parked his car "very close" to two WGC cranes so they could not move.

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Gutierrez got into an argument with a 66-year-old crane operator, and photographed him up close with his phone. A photo was later published on the union's Facebook site, along with the definition of the word "scab". Many derogatory comments followed.

"It was a public humiliation, intended to shame him, a modern form of the ancient punishment, popular in the Middle Ages, of placing a miscreant in the village stocks where, unable to protect himself, he was exposed to prolonged abuse and/or assaults," Justice Anna Katzmann said.

"Although the union did not make the offensive comments that subsequently appeared on its Facebook page, by its conduct it invited or encouraged them."

The same day, Danalis entered a worksite at the Port Kembla Coal Terminal and aggressively shouted at workers words to the effect of "why are you here?", "you shouldn't be working here; you're being scabs".

The next day he returned and hit a crane's emergency stop button, claiming there were safety issues to address. But he would not detail what these were, even after police were called. The judge said he "persisted in raising sham safety issues".

Danalis has apologised. He has since left the CFMMEU and works for the Health Services Union. Gutierezz has also left the CFMMEU.

The case was prosecuted by the Australian Building and Construction Commissioner.

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