CFMMEU penalised for right of entry breaches
The Federal Court has imposed a total of $62,000 in penalties against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two of its former officials for unlawful conduct on a Brisbane construction site.
The penalties are the result of legal action commenced by the Australian Building and Construction Commissioner (ABCC).
The CFMMEU has been penalised $50,000, former CFMMEU official Andrew Blakeley has been penalised $7,500, and former CFMMEU official Beau Seiffert has been penalised $4,500.
The CFMMEU, Mr Blakeley and Mr Seiffert contravened right of entry laws in the Fair Work Act at the Central Energy Towers project in South Brisbane in November 2020.
The conduct involved Mr Blakeley acting improperly by directing workers to cease work and using abusive language towards a site manager. Mr Seiffert was present and did not attempt to prevent the improper conduct by Mr Blakeley or to distance himself from it.
In his judgment on the matter, Justice David Thomas described the conduct as “targeted and deliberate”.
Justice Thomas found that there was a need to impose penalties to achieve general deterrence and to specifically deter the CFMMEU from further contraventions of right of entry laws in future.
Under federal legislation, responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022.
Fair Work Ombudsman Anna Booth said court penalties are important to affirm the seriousness of breaching right of entry.
“Consistent with other industries, in commercial building and construction the Fair Work Ombudsman will investigate reports of non-compliance and hold to account those who are acting outside the law,” Ms Booth said.
All building and construction industry employers and employees can seek sector specific workplace information, advice and assistance from the Fair Work Ombudsman.
Employers and employees can also visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available 13 14 50.
