Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Yatala Labour Prison Case) (No 3)
Citation: [2024] FCA 732
At a glance
- Penalty
- $213,840
What happened
Between August and September 2021, officers of the CFMMEU visited the Yatala Labour Prison construction site. Union officers made abusive and derogatory statements to contractor representatives, including calling them 'useless', 'incompetent', and using profanity. Officers also entered an exclusion zone when instructed not to do so. One officer made threatening statements to a site representative.
What was decided
The Court declared multiple contraventions of ss 340 and 500 of the Fair Work Act. The Union was ordered to pay $213,840 in penalties, and individual officers were ordered to pay penalties totalling $7,200 to $18,900. The Court found the contraventions were objectively serious. One officer had prior contraventions and the Union had a history of non-compliance with industrial laws.
What it means for employers
Union officers must conduct themselves properly when exercising workplace rights. Abusive conduct, threats, and breach of site safety procedures constitute serious breaches of industrial law. Head contractors should establish clear protocols for site access and require union representatives to comply with safety and conduct requirements.
What it means for employees
Employees represented by unions have a right to union representation, but union representatives must conduct themselves professionally and legally. Abusive conduct by union officials can expose the union and the official to significant penalties.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0732Want 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 →