Fair Work Ombudsman
At a glance
- The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- $126,000
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and three of its officials were taken to court by the Australian Building and Construction Commission (ABCC) for unlawful picketing at a Canberra building site in May 2018. The picketing delayed work for two hours and involved blocking entrances with cars, linking arms, and using locks and chains. The CFMMEU and officials admitted to the unlawful actions. Initially, penalties totaling $126,000 were imposed. Following an appeal, the Federal Court increased the CFMMEU’s penalty to $180,000.
What was decided
The Federal Court increased the penalty against the CFMMEU from $126,000 to $180,000 for unlawful picketing. Justice Anna Katzmann stated the Union’s lack of contrition and failure to take corrective action warranted a larger penalty to act as a deterrent. The three union officials had previously paid penalties totaling $33,600. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022. The Fair Work Ombudsman emphasized that all participants in the building and construction sector must follow the law.
What it means for employers
Employers in the building and construction sector should ensure compliance with workplace laws and regulations. This case highlights the potential for significant penalties for unlawful industrial action. Employers should have clear procedures for managing disputes and ensuring access to work sites.
What it means for employees
Employees should be aware of their rights and obligations under workplace laws. This case demonstrates the consequences for union officials engaging in unlawful actions. Employees experiencing issues should seek advice from the Fair Work Ombudsman.
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