Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (The Mordialloc Freeway Project Case)
Citation: [2024] FCA 655
At a glance
- Penalty
- $109,020
What happened
Union officials Paul Tzimas, Gerald McCrudden, and another respondent exercised rights of entry at construction sites associated with the Mordialloc Freeway upgrade in late 2020. During these visits, they made statements and took conduct that contravened section 500 of the Fair Work Act. The CFMEU was found to be involved in each instance through its employment of these officials.
What was decided
The respondents admitted the contraventions of section 500. The court imposed pecuniary penalties reflecting the seriousness of the breaches and the need for both specific and general deterrence. Total penalties were $95,000 on the CFMEU, $3,990 on the Applicant, $3,330 on the Second Respondent, and $6,660 on the fourth respondent. The court considered their passion for workplace safety and corrective action taken as mitigating factors.
What it means for employers
Union organisations are liable for contraventions by their officials exercising entry rights. Organisations should train officials on proper conduct during right of entry exercises and implement corrective measures when breaches occur. Breaches of entry right provisions carry significant penalties.
What it means for employees
Workers have rights to union representation during workplace inspections and health and safety matters. Union officials must exercise these rights lawfully without intimidation or improper conduct, as breaches may prevent effective investigation of safety concerns.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0655Want 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 →