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Unionist escapes jail over 'thuggery'

By Chee Chee Leung
May 22, 2004

Craig Johnston raises his glass as the celebratory drinks flow after a judge released him on a three-year suspended sentence.
Picture:Jason South

Former metal workers' union leader Craig Johnston is free to stand for re-election after escaping an immediate jail term for his role in two violent workplace invasions.

Johnston was convicted and sentenced to 12 months' jail yesterday over the June 2001 rampages, but the judge suspended the sentence for three years.

The controversial unionist was also fined $10,000 and ordered to pay $44,560 damages to one workplace where a mob threw computers, overturned tables and terrified staff, including a woman five months' pregnant.

Outside court, Johnston told hundreds of union supporters that the outcome of the case was "a victory for... workers of rank and file".

The 47-year-old pleaded guilty in the County Court last week to criminal damage, assault and two counts of affray over "run-through" invasions at Johnson Tiles in Bayswater and labour-hire firm Skilled Engineering in Box Hill. The invasions were sparked by a dispute over redundancies and the use of non-union labour at the tile factory and caused damage totalling more than $48,000.

Judge Joe Gullaci said that as the state secretary of the Australian Manufacturing Workers Union at the time, Johnston had a responsibility to stop the "acts of thuggery," but instead inflamed the situation.

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"You have demonstrated a willingness to step over the line of what is proper and acceptable behaviour by a unionist or a trade union official," he said.

Johnston resigned as Australian Metal Workers Union state secretary in 2002. Under the Workplace Relations Act, unionists are banned from holding office for five years if they are jailed for proscribed offences. Because Johnston's jail sentence is wholly suspended, he is eligible to stand for office.

But the judge warned that the convictions would have a significant impact on Johnston's life.

"You... are a person who until today enjoyed a good reputation as a hard-working, loyal person who contributed to the community in many ways," he said. "You will leave this court as a man convicted of serious criminal offences who has been sentenced to a term of imprisonment with your reputation in tatters."

The court heard that Johnston was among the group of unionists who invaded the tile factory, abused Skilled workers and forced them to be photographed for a "shame board".

He also told a Skilled manager that he was a "f---ing dead man".

Although Johnston wore a balaclava, he was identified by his voice and because people saw his red whiskers.

When the unionists trashed the Skilled offices a few hours later, filing cabinets were upturned, a fire extinguisher was sprayed and a water fountain ripped from the wall.

As the group left, Johnston was heard saying, "Have a nice day now." The court was told that the incident distressed Skilled staff and some required counselling.

Last year 16 unionists were convicted and fined up to $3000 over the invasions after pleading guilty to unlawful assembly.

In sentencing Johnston yesterday, Judge Gullaci said he had taken into account his role as a father and grandfather, his community contribution and his devotion to improving workers' rights. He noted that the offences had taken part during a genuine industrial dispute, but said that while Johnston had accepted responsibility for his actions, he had not shown any remorse.

"Your plea was entered at the 11th hour and is not in my view indicative of contrition or remorse," Judge Gullaci said. "You are committed to your views and there is a real risk... that you will in the future become involved in further offending of this type."

A murmur could be heard throughout the courtroom when the judge said the jail term would be wholly suspended, but Johnston initially showed little emotion.

However, he was smiling when he emerged from the court building minutes later to the cheers of hundreds of unionists.

Through a megaphone, he thanked his lawyers and "all those who are about militant progressive trade unionism", before inviting his supporters to join him for a celebratory drink.