Fair Work Ombudsman
Citation: FWO-2023-07-18-cfmmeu-roach-penalty-media-release
At a glance
- Respondent
- Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- Penalty
- $60,040
- Employees affected
- 1
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and delegate Jason Roach were penalised for unlawful conduct at a Melbourne construction site, the 'Melbourne Quarter – Commercial Tower 2MQ Project'. In April 2020, the Applicant prevented a subcontractor from working because they were not a paid-up CFMMEU member. He told the subcontractor a membership fee was required, and then prevented them from working when they refused to pay. The Australian Building and Construction Commissioner (ABCC) initially brought the case, which later transferred to the Fair Work Ombudsman.
What was decided
The Federal Court imposed a $55,000 penalty against the CFMMEU and $5,040 against the Applicant. Justice Michael Wheelahan found the conduct was 'serious' and 'necessarily deliberate', and aimed to deter future breaches of the Fair Work Act. The court emphasised the need for compliance with the Fair Work Act by the union and its representatives. The Fair Work Ombudsman highlighted the importance of penalties in upholding the law and protecting freedom of association.
What it means for employers
Employers should ensure their workplace practices comply with the Fair Work Act, particularly regarding freedom of association. They should be aware of the potential consequences of union officials or delegates engaging in unlawful conduct that disrupts work.
What it means for employees
Employees have the right to freedom of association and should not be prevented from performing work based on union membership. If an employee experiences such interference, they should seek advice from the Fair Work Ombudsman or a relevant union.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/july-2023/20230718-cfmmeu-roach-penalty-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 →