Fair Work Ombudsman
Citation: FWO-2026-02-10-cfmeu-woolloongabba-litigation-media-release
At a glance
- Penalty
- $19,800
What happened
The Fair Work Ombudsman (FWO) has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Cody Budgeon and Dylan Howard. The case relates to an incident on November 15, 2024, at a Woolloongabba construction site for the Cross River Rail project. Budgeon and Howard allegedly entered and remained in an exclusion zone without authorisation, delaying work. An exclusion zone was in place due to crane operations. The FWO alleges breaches of the Fair Work Act concerning occupational health and safety and improper behaviour during right-of-entry.
What was decided
The FWO is seeking penalties against the CFMEU, Budgeon, and Howard for alleged breaches of the Fair Work Act. Budgeon and Howard each face penalties of up to $19,800 per contravention, and the CFMEU faces penalties of up to $99,000 per contravention. A directions hearing is scheduled for May 25, 2026, in the Federal Circuit and Family Court. This is the third active court case the FWO has filed against the CFMEU and its officials.
What it means for employers
Employers, particularly in the building and construction sector, should ensure that union officials adhere to occupational health and safety requirements and respect exclusion zones. Clear communication and enforcement of site access protocols are crucial to maintain safety and productivity.
What it means for employees
Employees should be aware of workplace safety protocols and the importance of respecting exclusion zones. Union officials have rights but also obligations to act responsibly and comply with the law.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/february-2026/20260210-cfmeu-woolloongabba-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 →