Fair Work Ombudsman
Citation: FWO-2024-05-06-cfmeu-north-east-link-penalty-media-release
At a glance
- Respondent
- Construction, Forestry and Maritime Employees Union (CFMEU)
- Penalty
- $51,280
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and an official, the Applicant, have been penalised for unlawful conduct at a construction site on the North East Link Project in Melbourne. The Australian Building and Construction Commissioner (ABCC) initiated legal action. The incidents occurred on February 4, 2021, when the Applicant entered an area where an excavator was operating without authorisation and refused to leave when asked.
What was decided
The Federal Circuit and Family Court imposed a total penalty of $51,280 against the CFMEU ($43,290) and the Applicant ($7,990). The court found the Applicant and, by association, the CFMEU breached sections 499 and 500 of the Fair Work Act, relating to improper conduct and failure to comply with occupational health and safety requirements. Judge Champion described the conduct as 'deliberate and intentionally defiant' and emphasised the need for deterrence. The case was transferred to the Fair Work Ombudsman in December 2022.
What it means for employers
Employers in the building and construction industry should ensure permit holders adhere to occupational health and safety requirements and act in a proper manner on worksites. Failure to do so can result in significant penalties.
What it means for employees
Employees should be aware of their rights and responsibilities regarding workplace safety and reporting improper conduct. The Fair Work Ombudsman provides information, advice, and assistance to both employers and employees in the building and construction industry.
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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 →