Fair Work Ombudsman
Citation: FWO-2024-03-28-cfmeu-norwood-penalty-media-release
At a glance
- Penalty
- $44,500
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and a union official, Travis Brook, were taken to court by the Australian Building and Construction Commissioner (ABCC). The case involved a construction site in Adelaide, where the Applicant failed to comply with a site safety requirement to be escorted while on site. This breached right of entry laws under the Fair Work Act. The incident occurred on December 15, 2021, at the Norwood Mixed Development Project.
What was decided
The Federal Court imposed a total of $44,500 in penalties. The CFMEU was penalised $40,000 and the Applicant received a penalty of $4,500. Justice John Snaden stated the penalties should deter future breaches of right of entry laws. Responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022. The Commissioner emphasised the importance of complying with workplace laws.
What it means for employers
Employers in the building and construction industry should ensure they have clear occupational health and safety requirements for site access and enforce them consistently. This includes escorting visitors and contractors.
What it means for employees
Employees, particularly union officials, must adhere to site safety requirements and comply with the Fair Work Act, including right of entry laws. Failure to do so can result in penalties.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/march-2024/20240328-cfmeu-norwood-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 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 →