Fair Work Ombudsman
Citation: FWO-2024-06-24-cfmeu-mordialloc1-penalty-media-release
At a glance
- Penalty
- $108,980
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and three officials, the Applicant, Gerald McCrudden, and James Harris, have been penalised for unlawful conduct at a construction site for the Mordialloc Freeway extension project in Melbourne. The conduct occurred in November and December 2020. The Applicant and Gerald McCrudden made abusive remarks to health and safety managers, while James Harris blocked concrete trucks. The Australian Building and Construction Commissioner (ABCC) initially commenced legal action, which was later transferred to the Fair Work Ombudsman.
What was decided
The Federal Court imposed penalties of $95,000 against the CFMEU, $3,990 against the Applicant, $3,330 against Gerald McCrudden, and $6,660 against James Harris. They admitted to breaching section 500 of the Fair Work Act by acting improperly. Justice John Snaden described the conduct as rude, aggressive, disruptive, and improper, and the penalties are intended to deter similar future conduct. The Fair Work Ombudsman has secured over $3 million in penalties since cases were transferred from the ABCC in December 2022.
What it means for employers
Building and construction industry employers need to ensure their workplace representatives and officials act professionally and in accordance with the Fair Work Act. Permit holders must act in a proper manner, and abusive or disruptive behaviour will not be tolerated. Employers should reinforce appropriate conduct and provide training where necessary.
What it means for employees
Employees should be aware of their rights and responsibilities in the workplace. If you witness improper conduct, you can report it to the Fair Work Ombudsman. Free advice and assistance are available through the Fair Work Infoline and website.
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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 →