Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman
Citation: [2023] FCA 72
At a glance
- Penalty
- $83,920
What happened
In November 2020, a union organiser and senior official approached the gate of a construction site at South Brisbane operated by Lendlease. The employer had instructed that a union meeting with employees be held off-site. Despite this, the Applicant positioned himself at the gate with arms outstretched to form a barrier, signalled the group to proceed, and both men entered the site without providing the required 24-hour written notice under section 487 of the Fair Work Act.
What was decided
The court found the union and both officials contravened section 500 (improper manner while exercising rights). On appeal, the court set aside the lower penalties and reimposed penalties of: union $73,260 total for two contraventions, the Applicant $6,000, and the Second Respondent $4,660. The court considered the unlawful entry, failure to comply with occupational health and safety requirements, and defiance of the occupier's clear request.
What it means for employers
Site occupiers can enforce entry notice requirements and refuse site access; officials who force entry without proper notice or against express refusal breach the law.
What it means for employees
Union officials must comply with entry notice requirements and occupier directions even when seeking to hold discussions with members.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0072Want 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 →