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FWOFair Work Ombudsman · 24 September 2023

Fair Work Ombudsman

Citation: FWO-2023-09-25-cfmmeu-central-energy-towers-penalty-media-release

At a glance

Penalty
$62,000

What happened

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two former officials, Andrew Blakeley and Beau Seiffert, were taken to court by the Australian Building and Construction Commissioner (ABCC). The case involved breaches of right of entry laws at the Central Energy Towers project in South Brisbane in November 2020. Blakeley directed workers to stop work and used abusive language towards a site manager. Seiffert was present and did not intervene. The case was later transferred to the Fair Work Ombudsman.

What was decided

The Federal Court imposed penalties of $50,000 against the CFMMEU, $7,500 against Andrew Blakeley, and $4,500 against Beau Seiffert. Justice Thomas described the conduct as “targeted and deliberate” and aimed to deter future breaches of right of entry laws. The Fair Work Ombudsman, Anna Booth, stated that court penalties reinforce the seriousness of violating right of entry laws. The case highlights the Fair Work Ombudsman’s role in investigating and addressing non-compliance in the building and construction industry.

What it means for employers

Employers in the building and construction industry should ensure their sites comply with right of entry laws. This includes preventing employees from directing work stoppages or using abusive language. Managers should be aware of their responsibilities to address and prevent such conduct.

What it means for employees

Employees should be aware of right of entry laws and the consequences of breaching them. Union officials should ensure their actions are lawful and do not disrupt work or involve abusive language. Employees who witness unlawful behaviour should report it to the Fair Work Ombudsman.

general-protectionsright-of-entrypenalty-ratesunfair-dismissalunderpayment

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/september-2023/20230925-cfmmeu-central-energy-towers-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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