The Fair Work Ombudsman (FWO) has secured a total of $247,540 in penalties in course against the CFMEU and three of its officials for unlawful conduct at a construction site in Adelaide.
The legal action against the CFMEU and three individuals was commenced by the Australian Building and Construction Commissioner (ABCC) in January 2022. Under Federal legislation, responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022.
The Federal Court has imposed penalties of $213,840 against the CFMEU and a total of $33,700 against three individuals who admitted breaching the Fair Work Act at the Yatala Labour Prison upgrade project at Northfield, in Adelaide, in 2021.
The FWO determined that two of the individuals breached Section 500 of the Fair Work Act by acting in an improper manner at the construction site. The unlawful conduct included them entering an exclusion zone on 31 August 2021 and one individual making abusive statements and swearing at representatives on the site operator on 30 August and 2 September 2022.
What are the Key Takeaways from this decision?
The court penalties affirmed the seriousness of breaching laws requiring permit holders to comply with the law. It also highlights that no one person including permit holders are beyond the law. There is no place for threatening behaviour, adverse action or improper conduct by permit holders on any worksite.
It’s important for employers that operate in the building and construction industry to note that their industry is a priority for the FWO. The FWO has advised that they will investigate reports on non-compliance and hold to account those who act outside the law.
