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FWOFair Work Ombudsman · 23 October 2024

Fair Work Ombudsman

Citation: FWO-2024-10-24-cfmeu-the-esplanade-litigation-media-release

At a glance

Penalty
$18,780

What happened

The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and its official, Stephen Parker. The allegations relate to conduct at the ‘Nine The Esplanade’ construction site in Perth in November 2023. It is alleged Mr Parker entered the site, climbed a tower crane, and obstructed work, causing the crane to be inoperable for approximately two hours. Multiplex, the site’s head contractor, sought assistance from the Fair Work Ombudsman.

What was decided

The Fair Work Ombudsman is seeking penalties against Mr Parker and the CFMEU for alleged breaches of the Fair Work Act. Mr Parker faces penalties of up to $18,780 per breach, and the CFMEU faces penalties of up to $93,900 per breach. A directions hearing is scheduled for November 2024. The Fair Work Ombudsman has secured over $3 million in penalties against the CFMEU and its officials since December 2022.

What it means for employers

Employers in the building and construction industry should ensure that union officials comply with legal obligations when exercising their right of entry to work sites. They should also be aware of the Fair Work Ombudsman’s focus on improving compliance in this sector.

What it means for employees

Employees should be aware of their rights and obligations regarding union officials entering work sites. Union officials have rights but must adhere to the law and safety requirements.

general-protectionsright-of-entrybuilding-and-constructionunion

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-2024/20241024-cfmeu-the-esplanade-litigation-media-release

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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 →

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