Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2)
Citation: [2016] FCA 436
At a glance
- Penalty
- $78,000
What happened
On 16 May 2013, CFMEU official Joseph Myles organized approximately 20 persons with 9 vehicles to blockade Josephs Road in Footscray, preventing vehicular access to the City to Maribyrnong River construction site (Package B Project). On 16 and 17 May 2013, Myles threatened to conduct a 'war' against the project and prevent concrete pouring. The intent was to coerce John Holland and Abigroup to place a CFMEU delegate on the project site as requested by the union.
What was decided
The court declared the CFMEU and Myles contravened s 348 of the Fair Work Act (coercion to engage in industrial activity) on multiple occasions through blockading and threats to prevent concrete pouring. The CFMEU was ordered to pay penalties of $45,000 and $15,000 (totalling $60,000). Myles was ordered to pay penalties of $8,000 and $10,000 (totalling $18,000). The court was not satisfied there was contrition or corrective conduct by the union.
What it means for employers
Union blockades and threats designed to force compliance with union demands breach the Fair Work Act and attract substantial penalties. Contractors should seek immediate legal relief and expect courts to grant injunctive protection.
What it means for employees
Union-organized blockades preventing work are unlawful even if motivated by support for union placement demands. Workers involved in such action face legal liability and penalties.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0436Want 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 →