Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The 250 East Terrace Case)
Citation: [2023] FCAFC 161
What happened
On the morning of 16 October 2019, a picket line formed at a construction site at 250 East Terrace, Adelaide. The picket was organized by a union official employed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The apparent target was a developer who owed money to Core-Form Pty Ltd, a subcontractor engaged for concreting works. A director of Core-Form participated in the picket. About 20 to 30 people protested, many wearing union clothing and holding union flags. Signs read 'PAY UR BILLS' and 'JOB DONE WHERE'S THE MONEY'. Protesters prevented a painter from accessing the site with his vehicle for approximately 19 minutes.
What was decided
The primary judge found the picket constituted unlawful picketing under section 47 of the Building and Construction Industry (Improving Productivity) Act 2016, as it directly restricted access to the site and was motivated by supporting Core-Form's payment claims and advancing union industrial objectives. Pecuniary penalties were imposed. The appellants appealed the decision and penalties. The Court of Appeal dismissed the appeal, finding the conduct was objectively serious, premeditated, and not excused by the connection to employment claims.
What it means for employers
Construction site operators should be aware that picketing intended to pressure payment of debts or advance industrial objectives may constitute unlawful picketing under the BCIIP Act, particularly if it restricts access to the site. Union officials and contractors involved can face significant penalties.
What it means for employees
Union-organized picketing must comply with the law. Picketing that prevents workers from accessing work sites violates the Building and Construction Industry regime. Union officials can face personal penalties for organizing unlawful pickets.
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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 →