Fair Work Ombudsman
Citation: FWO-2023-11-01-cepu-second-penalty-release
At a glance
- Penalty
- $27,200
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and an official, the Applicant, have been penalised for unlawful conduct at a Brisbane construction site. The Australian Building and Construction Commissioner (ABCC) initiated legal action regarding a breach of a right of entry provision of the Fair Work Act in December 2021. the Applicant failed to report to the site office and did not produce his entry permit when asked. The allegations against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an official, the Respondent, were discontinued.
What was decided
The Federal Circuit and Family Court imposed a total penalty of $27,200. The CEPU was penalised $24,000 and the Applicant $3,200. Judge Salvatore Vasta found the penalties were necessary to deter similar conduct. The Fair Work Ombudsman (FWO) took over the case from the ABCC in December 2022. The FWO emphasised the importance of complying with right of entry laws and will investigate non-compliance.
What it means for employers
Employers in the building and construction industry should ensure that union officials comply with right of entry provisions of the Fair Work Act. This includes verifying entry permits and ensuring officials follow site reporting procedures. Failure to do so can result in penalties for the union and its officials.
What it means for employees
Employees in the building and construction industry should be aware of right of entry laws and the procedures that union officials must follow when entering a worksite. If they observe any breaches, they can report them to the Fair Work Ombudsman.
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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 →