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 Mr Brook 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 Travis Brook 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 Fair Work Ombudsman 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.
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?
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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 →