Fair Work Ombudsman
Citation: FWO-2023-02-17-cfmmeu-qpac-site-appeal-litigation-media-release
At a glance
- Respondent
- Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- Penalty
- $119,880
What happened
The Fair Work Ombudsman pursued legal action against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), its Secretary Michael Ravbar, and union organiser Andrew Blakeley. The case involved alleged breaches of right of entry laws at a construction site for the Queensland Performing Arts Centre (QPAC) in South Brisbane in November 2020. Initial court proceedings were commenced by the Australian Building and Construction Commission (ABCC) in May 2021.
What was decided
Initially, the Federal Circuit and Family Court ordered penalties of $119,880 against the CFMMEU, $7,992 against the union organiser, and $10,656 against the Secretary. Following an appeal, the Federal Court reduced these penalties to $73,260 against the CFMMEU, $6,000 against the union organiser, and $4,660 against the Secretary. The proceedings were transferred to the Fair Work Ombudsman in December 2022.
What it means for employers
Employers should ensure compliance with right of entry laws and understand the potential penalties for breaches. This case highlights the importance of workplace access protocols and adherence to relevant legislation.
What it means for employees
Employees should be aware of their rights regarding union access to workplaces and the legal framework governing these interactions. This case demonstrates the consequences for a union official who breach workplace laws.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/february-2023/20230217-cfmmeu-qpac-site-appeal-litigation-media-releaseWant 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 →