Fair Work Ombudsman
Citation: FWO-2024-03-18-cfmeu-mordialloc-penalty-media-release
At a glance
- Penalty
- $36,600
- Employees affected
- 1
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and a union official, Gerald McCrudden, faced legal action from the Australian Building and Construction Commissioner (ABCC). The case involved an incident at the Mordialloc Freeway extension project in Melbourne on June 25, 2021. the Applicant allegedly made an intimidating threat to a health and safety manager who was communicating with the ABCC. The case was later transferred to the Fair Work Ombudsman in December 2022.
What was decided
The Federal Circuit and Family Court imposed penalties of $33,300 against the CFMEU and $3,300 against Gerald McCrudden. They were found to have breached the Fair Work Act by taking adverse action against the health and safety manager. the Commissioner determined the Applicant’s statement was an “intimidatory threat”. The court emphasized the need for penalties to deter future breaches. Fair Work Ombudsman Anna Booth stated the penalties highlight the seriousness of breaching workplace laws.
What it means for employers
Employers, particularly in the building and construction industry, should ensure their employees are not subjected to threats or intimidation for exercising workplace rights, such as reporting safety concerns to regulators. A culture of open communication and compliance with Fair Work laws is essential.
What it means for employees
Employees have the right to communicate with regulators without fear of reprisal. Employers must not threaten or intimidate employees who exercise these rights. Employees can seek information, advice, and assistance from the Fair Work Ombudsman.
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https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/march-2024/20240318-cfmeu-mordialloc-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 →