Fair Work Ombudsman
Citation: FWO-2023-05-26-cfmmeu-boggo-road-appeal-media-release
At a glance
- Penalty
- $151,200
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two of its organisers, Andrew Blakeley and Luke Gibson, were taken to court by the Australian Building and Construction Commissioner (ABCC) in 2020. The case involved their conduct at a Queensland Cross River Rail project site on Boggo Road, Brisbane, in April 2020. They admitted to improper conduct breaching the Fair Work Act, including comments made at the site. Initially, a judge imposed penalties totaling $151,200. The CFMMEU and the individuals appealed the decision.
What was decided
Following an appeal, Federal Court Justice Wendy Abraham reduced the total penalties to $114,000. The court found that comments made by Blakeley and Gibson were offensive and insultingly childish, not homophobic slurs as initially determined. The CFMMEU now faces a penalty of $100,000, while Blakeley and Gibson each face penalties of $7,000. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.
What it means for employers
Employers in the building and construction industry should ensure that workplace representatives and employees adhere to respectful communication standards. The case highlights the potential legal consequences of inappropriate behaviour, even if not explicitly discriminatory.
What it means for employees
Employees, particularly union representatives, should be mindful of their conduct and communication at worksites. Comments, even if not intended to be discriminatory, can still be considered improper and lead to penalties.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230526-cfmmeu-boggo-road-appeal-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 →