Fair Work Ombudsman
At a glance
- Marda Dandhi Downunder Pty Ltd
- $13,320
What happened
The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, the Applicant and the Second Respondent. 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, the Applicant, and the Second Respondent for alleged breaches of the Fair Work Act. The court will determine the penalties. The Applicant faces penalties of up to $13,320 per contravention, the Second Respondent 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.
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.
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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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