Fair Work Ombudsman
Citation: FWO-2025-09-24-cmfeu-marda-dandhi-litigation-media-release
At a glance
- Penalty
- $13,320
What happened
The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Joel Shackleton and Gerald McCrudden. The case relates to alleged unlawful conduct directed towards Indigenous labour hire company Marda Dandhi Downunder Pty Ltd and its directors between July 2021 and March 2022. The allegations involve coercion, making false or misleading representations about workplace rights, and improper conduct by entry permit holders. The alleged actions aimed to prevent Marda Dandhi from working on construction sites and bargaining for a replacement enterprise agreement. This included verbal threats, intimidation, and abusive comments during meetings and phone calls.
What was decided
The Fair Work Ombudsman is seeking penalties from the CFMEU, Joel Shackleton, and Gerald McCrudden for alleged breaches of the Fair Work Act. The court will determine the penalties. Mr Shackleton faces penalties of up to $13,320 per contravention, Mr McCrudden faces penalties of up to $13,320 per contravention, and the CFMEU faces penalties of up to $66,600 per contravention. A first court date has not yet been scheduled. This action follows previous legal proceedings against the CFMEU and its former Victorian Secretary John Setka.
What it means for employers
Employers, particularly in the building and construction sector, should ensure their workplace practices comply with the Fair Work Act. Unions and their officials must respect the rights of other businesses to operate and bargain. Coercive or threatening behaviour towards other businesses or their employees is unlawful and will be subject to legal action.
What it means for employees
Employees and labour hire companies have the right to provide labour hire services, conduct work, and bargain for enterprise agreements without unlawful interference. If you experience coercion or intimidation from a union or its officials, document the incidents and seek advice from the Fair Work Ombudsman or a legal professional.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/september-2025/20250924-cmfeu-marda-dandhi-litigation-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 →