Fair Work Ombudsman
Citation: FWO-2024-07-09-cfmeu-yatala-prison-penalty-media-release
At a glance
- Respondent
- Construction, Forestry and Maritime Employees Union (CFMEU)
- Penalty
- $247,540
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and three officials, the Applicant, Travis Brook, and Desmond Savage, have been penalised for unlawful conduct at a construction site in Adelaide. The site was the Yatala Labour Prison upgrade project in Northfield, in 2021. The Applicant and Travis Brook breached the Fair Work Act by acting improperly, including entering an exclusion zone and making abusive statements. Desmond Savage breached the Fair Work Act by taking adverse action against a site safety manager. The legal action was initially commenced by the Australian Building and Construction Commissioner (ABCC) before transferring to the Fair Work Ombudsman.
What was decided
The Federal Court imposed penalties totaling $247,540 against the CFMEU and its officials. The CFMEU was penalised $213,840, the Applicant $18,900, Travis Brook $7,200, and Desmond Savage $7,600. The court found the officials’ actions included verbal abuse, entering an exclusion zone, and physically threatening behaviour. Justice O’Sullivan stated penalties were needed to deter similar conduct. The Fair Work Ombudsman has secured over $3 million in penalties since cases were transferred from the ABCC.
What it means for employers
Employers in the building and construction industry must ensure their employees and representatives comply with workplace laws. This includes avoiding threatening behaviour, adverse action, and improper conduct on worksites. The Fair Work Ombudsman will investigate and hold accountable those who breach these laws.
What it means for employees
Employees have a right to a safe and respectful workplace. If you witness or experience unlawful conduct, such as threats or intimidation, you can seek information, advice, 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