Fair Work Ombudsman
Citation: FWO-2023-12-21-cfmeu-coles-distribution-penalty-media-release
At a glance
- Penalty
- $171,000
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Andrew Blakeley and Luke Gibson, faced legal action from the Australian Building and Construction Commissioner (ABCC). The case involved an incident at a Coles Distribution Facility Project construction site in Redbank, Ipswich, Queensland, on February 28, 2020. Blakeley and Gibson obstructed a concrete pour by blocking a reversing truck and misrepresented their authority to stop work to a police officer. They admitted to breaching right of entry laws under the Fair Work Act.
What was decided
The Federal Court imposed penalties totaling $171,000 against the CFMEU and its officials. The CFMEU was penalised $150,000, while Blakeley and Gibson received penalties of $14,000 and $7,000 respectively. Acting Chief Justice Berna Collier found the conduct was a 'misuse of power' and needed to be deterred. The Fair Work Ombudsman emphasised the seriousness of breaching right of entry laws and misrepresenting authority. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.
What it means for employers
Employers in the building and construction industry should ensure their workers are aware of right of entry laws and the consequences of breaching them. Officials and representatives must accurately represent their authority and avoid obstructing work processes. Compliance with the Fair Work Act is essential to avoid significant penalties.
What it means for employees
Employees and union officials need to understand and adhere to right of entry laws. Misrepresenting authority or obstructing work can lead to penalties. Free advice and assistance are available through the Fair Work Ombudsman’s website and Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/december-2023/20231221-cfmeu-coles-distribution-penalty-media-releaseWant more cases like this?
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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 →