Director of the Fair Work Building Industry Inspectorate v Upton
Citation: [2015] FCA 672
At a glance
- Penalty
- $24,000
What happened
Bradley Upton, an official of the Construction, Forestry, Mining and Energy Union, attended the Wheatstone liquefied natural gas project near Onslow, Western Australia on two occasions. On 8 October 2012, after being directed to use a sea container meeting room, he responded with obscene verbal abuse about how the CFMEU did business differently. On 13 February 2013, he held a meeting with employees in a residential area of the project despite being offered an alternative location.
What was decided
The court declared two contraventions of section 500 of the Fair Work Act (improper manner while exercising rights). Penalties imposed were: Upton $4,000 total ($3,000 for first, $1,000 for second), and CFMEU $20,000 total ($15,000 for first, $5,000 for second). The court found the conduct deliberate but considered Upton's view about the meeting room was not wholly unreasonable.
What it means for employers
Site occupiers can enforce reasonable requirements about meeting locations and health and safety compliance. Union officials who use abusive language or breach site requirements face penalties.
What it means for employees
Union representatives exercising right of entry must comply with reasonable occupier requests and cannot use abusive conduct.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca0672Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections