CFMMEU penalised for right of entry breaches
The Federal Circuit and Family Court has imposed a total of $225,320 in penalties against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two union representatives for unlawful conduct at a site on the Queensland Cross River Rail project.
The penalties are the result of legal action commenced by the Australian Building and Construction Commissioner (ABCC).
The CFMMEU has been penalised $204,000, CFMMEU Queensland State Secretary Michael Ravbar has been penalised $9,320, and former CFMMEU official Andrew Blakeley has been penalised $12,000.
The Court made a personal payment order against Mr Ravbar.
The CFMMEU, Mr Ravbar and Mr Blakeley defied right of entry laws in the Fair Work Act on two separate construction sites forming part of the Queensland Cross River Rail project.
The conduct occurred in Brisbane, at the Woolloongabba Station site on 19 August 2021 and at the Roma Street Station site on 24 August 2021.
In both instances, the conduct involved Mr Ravbar and Mr Blakeley being involved in failing to observe protocols when entering the sites, such as completing a visitor induction; taking a vehicle and trailer onto the sites without authority; and setting up a BBQ for workers at the sites without authority from the site occupiers, which interrupted work at the sites.
Mr Blakeley made physical contact with a representative of the site occupier when he entered the Woolloongabba Station site.
In explaining the personal payment order against Mr Ravbar, Judge Salvatore Vasta said Mr Ravbar’s position was “one where he should have been setting an example of adherence and compliance with the law”.
“The actions of (Mr Ravbar) were bad enough on 19 August 2021 and, there is little doubt that, he would have known that he had just contravened section 500 of the Fair Work Act,” Judge Vasta said.
“To then blatantly contravene in the exact same manner some five days later, illustrates why the deterrent aspect of the imposition of the pecuniary penalty must contain the necessary sting or else it will not be an effective deterrent at all.”
Under federal legislation, responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022.
Acting Fair Work Ombudsman Kristen Hannah said court penalties are important to affirm the seriousness of breaching right of entry laws in the building and construction sector.
“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 Hannah said.
All building and construction industry employers and employees can seek workplace information, advice and assistance from the Fair Work Ombudsman. Find out more at Important information for the building and construction industry.
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.
