9 April 2026

The Fair Work Ombudsman has secured a total of $23,324 in penalty and compensation orders in court against Jason Gill, a member of the Maritime Union of Australia (MUA) division of the Construction, Forestry and Maritime Employees Union (CFMEU).

The Federal Court has imposed a $9,324 penalty against Mr Gill for breaching the Fair Work Act by threatening a colleague – who Mr Gill said would “end up dead” – because the colleague continued to work, instead of taking part in industrial action at Fremantle Harbour.

In addition, the Court has previously ordered Mr Gill to pay the affected worker $14,000 compensation for distress caused. The Court found the worker still has panic attacks due to the threat.

At the time of the threat in 2021, Mr Gill and the affected worker were employed by Qube Ports Pty Ltd, and a number of MUA members had formed a picket line outside the Qube Ports site at Fremantle Harbour during a dispute between the MUA and the company.

On 24 August 2021, while the affected worker was crossing the picket line to enter the Qube Ports site, Mr Gill said to him: “You’ll end up dead dog if you keep going like this”.

Justice Craig Dowling last year found that Mr Gill’s threat amounted to coercion and adverse action against the affected worker for exercising his right not to take part in the industrial action, breaching sections 346 and 348 of the Fair Work Act.

Justice Dowling found Mr Gill had also breached section 343 of the Fair Work Act because the threat was also an attempt to coerce Qube Ports.

His Honour found that the union was not liable for Mr Gill’s breaches and dismissed a number of other allegations made against Mr Gill and the union.

In now imposing the penalty, Justice Dowling found that the threat made by Mr Gill was “unquestionably of a very serious nature”, finding that “the threat conveys that if [the affected worker] continues to cross the picket line and not take industrial action, he will end up dead”.

His Honour found that Mr Gill made the threat in close proximity to the affected worker and in a confrontational manner.

“The threat was made in the dark, whilst [the affected worker] was surrounded by picketers who had yelled words like “scab”, “dog” and “I know where you live” in his direction. I consider that the threat was made in an intimidatory environment. The Ombudsman also submits, and I agree, that the threat was targeted at a fellow employee who would risk having to confront Mr Gill again in a work context,” Justice Dowling said.

Justice Dowling found that the threat had had a profound effect on the worker, preoccupying his mind and disrupting his family life and his sleep.

“[The affected worker] still has panic attacks in dark areas and sleep issues due to the threat,” Justice Dowling found.

Justice Dowling found that it was “clear that Mr Gill has not shown contrition with respect to his contravening” and found that there was a need to impose a penalty that will deter Mr Gill and others from similar contraventions in future.

“The need to ensure threats of this gravity do not occur is to be given significant weight,” Justice Dowling said.

Fair Work Ombudsman Anna Booth said the penalty and compensation order affirmed the seriousness of coercion and adverse action.

“No one should be subject to threats and intimidation for exercising their right to go to work. The threat in this case was appalling,” Ms Booth said.

“A worker has the right to choose whether to not take part or take part in industrial activity. They cannot be threatened, coerced, or face adverse action for their choice.

“Australia’s enterprise bargaining system enshrines a right to take protected industrial action, but union members must not make the type of threats and engage in the intimidation tactics seen in this case, which seriously impact other workers.

“The rights of all workers and employers must be respected and we expect all workplace participants to follow the law at all times, or risk enforcement action,” Ms Booth said.

The legal action against Mr Gill was commenced by the Australian Building and Construction Commissioner (ABCC) in March 2022.

Under federal legislation, responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022.

The conclusion of the case means that all court matters transferred from the ABCC to the Fair Work Ombudsman in December 2022 have now been finalised. Total penalties of $3,849,290 were secured in the cases.

The large majority of these penalties – $3,712,766, being 96 per cent – were secured against the CFMEU or its officials. (This does not include the penalties against Mr Gill, who was a member not an official).

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 on 13 14 50.