FWO alleges CFMEU officials unlawfully entered and remained on site exclusion zone
The Fair Work Ombudsman has commenced legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and two of its officials for alleged unlawful conduct in Brisbane.
The legal action has been commenced in the Federal Circuit and Family Court against the CFMEU, as well as Cody Budgeon and Dylan Howard, who both hold the position within the union of ‘organiser’.
The legal action relates to conduct that allegedly occurred on 15 November 2024 at the construction site of a new underground railway station at Woolloongabba, which is part of the Cross River Rail project.
The Fair Work Ombudsman alleges that Mr Budgeon and Mr Howard, and through them the CFMEU, breached sections 499 and 500 of the Fair Work Act by failing to comply with occupational health and safety requirements, and by acting in an improper manner while exercising their right-of-entry permits on the site.
Most significantly, it is alleged the conduct included Mr Budgeon and Mr Howard entering, without authorisation, the exclusion zone and refusing requests to leave the zone for about one hour, delaying work on the site.
An exclusion zone is set up on a construction site to ensure that work can be carried out safely with only authorised people present. The site had an exclusion zone that day due to a crane being used to lift a canopy onto the roof of the railway station.
Fair Work Ombudsman Anna Booth said the filing of legal proceedings reflected the seriousness of the alleged conduct.
“The alleged conduct of the two CFMEU officials on this Brisbane construction site was unacceptable and unsafe,” Ms Booth said.
“Union officials are provided rights under industrial laws, which can include rights to enter work sites, but they come with legal obligations to behave in a proper manner and meet health and safety requirements,” Ms Booth said.
“We expect all workplace participants, including unions and their officials, to follow the law at all times.
“Improving compliance across the building and construction sector is a priority for the Fair Work Ombudsman, and we will investigate reports of non-compliance and continue to hold to account those who act outside the law.”
The FWO is seeking penalties in court in relation to multiple alleged breaches of the Fair Work Act. Mr Budgeon and Mr 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 listed in the Federal Circuit and Family Court in Brisbane for 25 May 2026.
The litigation is the third active court case the FWO has filed against the CFMEU and its current or former officials. The FWO’s litigation against the CFMEU and former Victorian secretary John Setka, and separate litigation against the CFMEU and officials Joel Shackleton and Gerald ‘Gerry’ McCrudden, each filed in 2025, remain before the courts.
The Fair Work Ombudsman has also secured total penalties of more than $3.8 million in court cases that have been finalised since they were transferred to the FWO from the Australian Building and Construction Commission (ABCC) in December 2022.
All building and construction industry employers, employees and other participants can seek 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 on 13 14 50.
