Fair Work Ombudsman
Citation: FWO-2023-03-20-cfmmeu-botany-cranes-appeal-penalty-media-release
At a glance
- Penalty
- $175,000
- Employees affected
- 50
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and several of its officials were taken to court by the Australian Building and Construction Commissioner (ABCC) in 2019. The legal action related to unlawful picketing, coercion, and applying undue pressure on a crane company, Botany Cranes, to sign a CFMMEU enterprise agreement and reinstate a union delegate. This involved a picket of around 50 people outside Botany Cranes’ premises in Botany in January 2019. In 2021, Justice Steven Rares imposed penalties totaling $1,022,500. The CFMMEU and individuals appealed the decision.
What was decided
The Full Federal Court has reduced the penalties imposed on the CFMMEU and its officials. The total penalties were reduced from $1,022,500 to $641,500. The CFMMEU’s penalty was reduced to $515,000. The court found that Justice Rares misapplied provisions of the now repealed Building and Construction Industry (Improving Productivity) Act 2016. A personal payment order against one delegate was removed. All penalties are to be paid to the Commonwealth. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.
What it means for employers
Employers should be aware of the importance of complying with workplace laws and avoiding undue pressure from unions. The case highlights the potential for significant penalties for unlawful picketing and coercive behaviour.
What it means for employees
Employees should know their rights and obligations in the workplace and seek advice from the Fair Work Ombudsman if they have concerns about union activity or workplace pressure.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230320-cfmmeu-botany-cranes-appeal-penalty-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 →