The Federal Circuit and Family Court has imposed a total of $36,600 in penalties against the Construction, Forestry and Maritime Employees Union (CFMEU) and one of its officials for unlawful conduct at a construction site in Melbourne.
The penalties are the result of legal action commenced by the Australian Building and Construction Commissioner (ABCC).
The CFMEU has been penalised $33,300 and CFMEU official Gerald McCrudden has been penalised an additional $3,300.
Mr McCrudden, and through him the CFMEU, admitted breaching the Fair Work Act on 25 June 2021 at the Mordialloc Freeway extension project in south-east Melbourne by taking adverse action against a health and safety manager.
The conduct involved Mr McCrudden saying to the health and safety manager: “You’re not going to have much of a future if you continue talking to the ABCC. You’ll see mate, you’ll see.”
In her judgment on the matter, Judge Amanda Mansini found that Mr McCrudden had made an “intimidatory threat” that was “a deliberate attempt to prevent the manager from exercising his workplace right (and responsibility) to make a complaint or inquiry to the then building industry regulator”.
Judge Mansini found that the conduct was serious and there was a need to impose penalties to deter the CFMEU and Mr McCrudden from future breaches.
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 the court penalties affirmed the seriousness of breaching laws on construction sites.
“Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will investigate reports of non-compliance and hold to account those who are acting outside the law,” Ms Booth said.
“There is no place for adverse action in any workplace in Australia. All workplace participants, including employers and employees, have the right to speak to regulators without facing threats of negative consequences, and we urge them to do so.”
All building and construction industry employers and employees can seek sector-specific workplace information, advice and assistance from the Fair Work Ombudsman.
