Fair Work Ombudsman
Citation: FWO-2023-03-21-cfmmeu-bruce-highway-2-penalty-media-release
At a glance
- Respondent
- Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- Penalty
- $114,000
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and three officials, Blake Hynes, Te Aranui Albert, and Michael Ravbar, were taken to court by the Australian Building and Construction Commissioner (ABCC). The case involved disruptions at a Bruce Highway project site near Caloundra, Queensland, in July 2018. Officials blocked a truck carrying concrete girders and Hynes aggressively confronted a safety advisor. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.
What was decided
The Federal Court imposed penalties totaling $114,000. The CFMMEU was fined $88,000, Hynes $12,000, and Albert and Ravbar $7,000 each. The court found the CFMMEU had accessorial liability for the officials' actions. Justice Collier stated the penalties should deter future similar conduct. Personal payment orders were made against Hynes and Ravbar. The Fair Work Ombudsman emphasized the seriousness of disrupting work on construction sites.
What it means for employers
Employers should ensure their workplace practices comply with Fair Work laws. This includes preventing union officials or employees from disrupting work activities and ensuring respectful communication between all parties. The case highlights the potential for significant penalties for failing to do so.
What it means for employees
Employees should be aware of their rights and obligations regarding workplace conduct. Disrupting work activities or engaging in aggressive behaviour can lead to legal consequences, even for union officials. Employees can seek free advice and assistance from the Fair Work Infoline.
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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