Fair Work Ombudsman
Citation: FWO-2023-11-03-cfmmeu-kiama-penalty-media-release
At a glance
- Penalty
- $170,000
What happened
The Fair Work Ombudsman investigated the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two officials, Anthony Dimitriou and Gerasimos Danalis. They breached right of entry laws in November 2018 at a Kiama Aged Care Centre construction project. The unlawful conduct involved obstructing concrete trucks and making misleading statements about their entry to the site. The Australian Building and Construction Commissioner initially commenced legal action, which was later transferred to the Fair Work Ombudsman.
What was decided
Federal Court Justice Anna Katzmann initially imposed penalties of $170,000 against the CFMMEU, $3,000 against Mr Dimitriou, and $11,000 against Mr Danalis. Following an appeal, Justice Katzmann increased the penalty against the CFMMEU to $250,000 and against Mr Dimitriou to $4,000. The court found the CFMMEU showed no regret or remorse and took no disciplinary action against Mr Dimitriou. The Fair Work Ombudsman emphasised the seriousness of breaching right of entry laws.
What it means for employers
Employers in the building and construction industry should ensure their workers are aware of and comply with right of entry laws. Unions have the right to enter sites under specific conditions, and obstructing them or making false representations is unlawful. Employers should also ensure they have processes to address any misconduct by union officials.
What it means for employees
Employees in the building and construction industry should be aware of their rights and obligations regarding union entry to workplaces. If you witness any unlawful behaviour, report it to the Fair Work Ombudsman.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231103-cfmmeu-kiama-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →