Fair Work Ombudsman
Citation: FWO-2023-02-01-cfmmeu-logan-and-gateways-motorways-site-penalty-litigation-media-release
At a glance
- Penalty
- $328,000
- Employees affected
- 6
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and six current and former officials were found to have breached right of entry laws at a Logan and Gateway motorways extension construction site in Brisbane in 2018. The Australian Building and Construction Commission (ABCC) initially brought the case to the Federal Court in 2020. The officials entered the site on four dates, failed to display entry permits, and did not leave when asked. Beau Seiffert entered the site on each of those dates. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.
What was decided
The Federal Court imposed a total of $328,000 in penalties against the CFMMEU and the six officials. The CFMMEU was ordered to pay $275,000 for 11 contraventions. Beau Seiffert was ordered to pay $24,000, Blake Hynes $12,000, Te Aranui Albert $10,000, Shaun Desmond $3,000, and Craig Davidson and Anthony Harding each $2,000. Justice Collier noted the union's history of breaching the Fair Work Act. Personal penalty orders were made against Seiffert and Hynes, requiring them to pay penalties without union support.
What it means for employers
Employers in the building and construction sector should ensure compliance with right of entry laws. This includes ensuring that union officials have appropriate permits and follow procedures when accessing work sites. The Fair Work Ombudsman will investigate and take action against those who breach these laws.
What it means for employees
Employees, particularly union officials, need to be aware of and comply with right of entry laws. Failure to do so can result in significant penalties. Those with previous breaches should be particularly mindful of their obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/february-2023/20230201-cfmmeu-logan-and-gateways-motorways-site-penalty-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →