Fair Work Ombudsman
Citation: FWO-2024-10-21-cfmeu-dutton-park-media-release
At a glance
- Penalty
- $131,100
What happened
The Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Andrew Blakeley and Dean Mattas, faced legal action from the Australian Building and Construction Commissioner (ABCC), later transferred to the Fair Work Ombudsman. The case involved unlawful conduct at the Inner City South State Secondary College construction project in Dutton Park, Brisbane, in July and August 2020. Blakeley threatened employees to refuse work to pressure the head contractor to remove a project manager. Mattas directed employees of seven subcontractors to cease work, an action deemed unlawful as he wasn't a validly appointed Health and Safety Representative. The actions aimed to coerce the head contractor to remove the project manager.
What was decided
The Federal Court imposed penalties of $105,000 against the CFMEU, $15,000 against Andrew Blakeley, and $11,100 against Dean Mattas. Justice Darryl Rangiah found Blakeley’s threat was “illegitimate” and “grossly disproportionate”. The court found Mattas’s industrial action was unlawful and could have been addressed through legitimate means. The court noted a lack of remorse from Blakeley and Mattas and imposed penalties to deter future breaches. The Fair Work Ombudsman has secured over $3.6 million in penalties since December 2022, with a large portion against the CFMEU or its officials.
What it means for employers
Employers in the building and construction industry should ensure compliance with the Building and Construction Industry (Improving Productivity) Act 2016 (BCI Act). They should be aware of the potential for unlawful industrial action and the importance of addressing concerns through legitimate channels. The Fair Work Ombudsman will investigate and hold accountable those who act outside the law.
What it means for employees
Employees should be aware of their rights and obligations regarding industrial action. They should not participate in unlawful work stoppages or be pressured into refusing work. Free advice and assistance is available from the Fair Work Ombudsman.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/october-2024/20241021-cfmeu-dutton-park-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 →