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FWOFair Work Ombudsman · 27 July 2023

Fair Work Ombudsman

Citation: FWO-2023-07-28-cfmmeu-crossriver2-penalty-media-release

At a glance

Penalty
$225,320

What happened

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two union representatives, Michael Ravbar and Andrew Blakeley, were penalised for unlawful conduct at construction sites on the Queensland Cross River Rail project. The incidents occurred at the Woolloongabba and Roma Street Station sites in Brisbane on August 19 and 24, 2021. They breached right of entry laws by failing to follow site protocols, bringing unauthorized vehicles onto the sites, and setting up a BBQ which disrupted work. Andrew Blakeley also made physical contact with a site representative. The Australian Building and Construction Commissioner (ABCC) initially brought the legal action, which later transferred to the Fair Work Ombudsman.

What was decided

The Federal Circuit and Family Court imposed a total penalty of $225,320 against the CFMMEU ($204,000), Michael Ravbar ($9,320), and Andrew Blakeley ($12,000). Michael Ravbar also received a personal payment order. Judge Salvatore Vasta noted Ravbar’s position required him to be an example of compliance. The court found his repeated breaches demonstrated the need for a significant deterrent. The Fair Work Ombudsman stated that court penalties are important for upholding the seriousness of right of entry law breaches.

What it means for employers

Employers in the building and construction sector should ensure that all visitors and workers adhere to site protocols and obtain necessary permissions. This includes visitor inductions and authorization for bringing vehicles or equipment onto the site. Site managers should be vigilant in enforcing these rules.

What it means for employees

Employees and union representatives must comply with right of entry laws and site protocols. Failure to do so can result in significant penalties. Employees seeking workplace information or advice can contact the Fair Work Ombudsman.

general-protectionsright-of-entry

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/july-2023/20230728-cfmmeu-crossriver2-penalty-media-release

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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 →

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