Fair Work Ombudsman
Citation: FWO-2023-11-27-cfmmeu-belgrave-station-penalty-media-release
At a glance
- Respondent
- Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- Penalty
- $72,500
- Employees affected
- 1
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an official, the Applicant, were penalised for unlawful conduct at a construction site in Belgrave, Melbourne. The incident occurred on May 2, 2022, at a commuter car park construction site near Belgrave Railway Station. The Applicant pushed a senior site manager and knocked his hard hat off, causing him to lose balance. The Australian Building and Construction Commissioner (ABCC) initiated legal action, which later transferred to the Fair Work Ombudsman.
What was decided
The Federal Circuit and Family Court imposed a total penalty of $72,500 against the CFMMEU ($62,000) and the Applicant ($10,500) for breaches of the Fair Work Act. The court found the contraventions were deliberate and aimed to incentivise compliance. The Applicant was ordered to personally pay $3,150 of his penalty. The Fair Work Ombudsman emphasised the seriousness of breaching laws regarding proper conduct on worksites.
What it means for employers
Employers in the building and construction industry must ensure their employees and representatives act appropriately and in compliance with the Fair Work Act. A culture of compliance is essential, and aggressive or physical behaviour is unacceptable.
What it means for employees
Employees should be aware of their rights and responsibilities regarding workplace conduct. Reports of non-compliance should be raised, and assistance is available from the Fair Work Ombudsman.
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https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231127-cfmmeu-belgrave-station-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 →