Fair Work Ombudsman
Citation: FWO-2024-05-10-cfmeu-cross-river-rail-penalty-media-release
At a glance
- Respondent
- Construction, Forestry and Maritime Employees Union (CFMEU)
- Penalty
- $37,500
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and its official, the Applicant, were taken to court by the Australian Building and Construction Commissioner (ABCC) in 2022. The case involved unlawful conduct at a construction site for the Queensland Cross River Rail project in Brisbane, occurring in July 2021. the Applicant failed to comply with occupational health and safety requirements, including failing to sign a visitor register, entering restricted areas, and ignoring safety signs. Initially, penalties of $37,500 against the CFMEU and $5,500 against the Applicant were imposed. They appealed, and the Full Federal Court has now increased these penalties.
What was decided
The Full Federal Court increased penalties against the CFMEU to $60,000 and against the Applicant to $6,300. The court found the Applicant acted in defiance of safety requirements and the CFMEU had a history of non-compliance. The court emphasized the need for penalties to deter similar conduct by permit holders. The Fair Work Ombudsman has secured over $3 million in penalties since cases were transferred from the ABCC in December 2022. The Fair Work Ombudsman stressed the importance of compliance with occupational health and safety laws.
What it means for employers
Building and construction employers should ensure all permit holders and employees adhere to occupational health and safety requirements and site access protocols. A history of non-compliance can lead to increased penalties. Employers should review safety procedures and provide adequate training to all personnel.
What it means for employees
Employees and union officials must comply with occupational health and safety requirements and site access protocols. Disregarding these rules can result in significant penalties. Employees can seek information and assistance from the Fair Work Ombudsman.
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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 →