Fair Work Ombudsman
Citation: FWO-2026-04-09-mua-gill-penalty-media-release
At a glance
- Penalty
- $23,324
- Employees affected
- 1
What happened
Jason Gill, a member of the Maritime Union of Australia (MUA), threatened a colleague in 2021 at Fremantle Harbour. The colleague was crossing a picket line during a dispute between the MUA and Qube Ports Pty Ltd. Gill said the colleague would “end up dead” if he continued working. The affected worker has since experienced panic attacks. The Federal Court found Gill’s threat constituted coercion and adverse action, breaching the Fair Work Act. The union was not held liable for Gill’s actions.
What was decided
The Federal Court imposed a $9,324 penalty on Jason Gill for breaching the Fair Work Act. He was previously ordered to pay $14,000 in compensation to the affected worker for distress. Justice Dowling found the threat was serious and intimidating, and Gill has not shown contrition. The court emphasized the importance of protecting workers’ rights to choose whether or not to participate in industrial action without fear of threats or intimidation.
What it means for employers
Employers should ensure a safe and respectful workplace environment, even during industrial action. They should be aware of the potential for threats and intimidation and have procedures in place to address them. This case highlights the importance of upholding the law and respecting workers’ rights.
What it means for employees
Employees have the right to choose whether or not to participate in industrial action without facing threats or intimidation. Union members must not engage in coercive or intimidating tactics. Workers experiencing threats should report them to the Fair Work Ombudsman.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/april-2026/20260409-mua-gill-penalty-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 →