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FWOFair Work Ombudsman · 22 December 2025

Fair Work Ombudsman

Citation: FWO-2025-12-23-cfmeu-ironside-penalty-media-release

At a glance

Penalty
$171,500

What happened

The Construction, Forestry and Maritime Employees Union (CFMEU) and four of its officials—James Simpson, Paul Tzimas, James Harris, and Jaxson Mahy—have been penalised for unlawful conduct at construction sites in Melbourne. The incidents occurred at sites in Alphington and Croydon, where Ironside Construction Pty Ltd was the head contractor. The officials exercised their right-of-entry rights. Mr. Simpson turned off a generator without authorisation. Other breaches included failing to leave the construction zone, stopping work on an excavator, and accessing a computer screen without permission. The legal action was initially brought by the Australian Building and Construction Commissioner (ABCC) before transferring to the Fair Work Ombudsman.

What was decided

The Federal Court imposed a total of $171,500 in penalties. The CFMEU received a penalty of $144,000, while James Simpson, Paul Tzimas, James Harris, and Jaxson Mahy received penalties of $13,000, $7,500, $4,000, and $3,000 respectively. Justice Craig Dowling found the contraventions serious, noting prior breaches by the CFMEU and some officials. The court aimed to deter similar conduct in the future. The Fair Work Ombudsman has secured over $3.8 million in penalties since December 2022.

What it means for employers

Employers in the building and construction sector should ensure that union officials and permit holders comply with workplace rules and safety requirements. Responding to requests to leave a site and respecting occupational health and safety protocols are crucial. Failure to do so can lead to significant penalties.

What it means for employees

Employees should be aware of their rights and responsibilities regarding union officials on worksites. If you witness improper conduct, report it to the Fair Work Ombudsman. The Fair Work Ombudsman provides free advice and assistance to both employers and employees.

general-protectionsright-of-entrypenalty-ratessham-contractingmodern-award-variationenterprise-agreement

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/december-2025/20251223-cfmeu-ironside-penalty-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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