CEPU and official penalised $27,200
The Federal Circuit and Family Court has imposed a total of $27,200 in penalties against the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (known as the CEPU) and one of its officials for unlawful conduct on a Brisbane construction site.
The CEPU has been penalised $24,000 and Wendel Moloney has been penalised $3,200.
The penalties are the result of legal action commenced by the Australian Building and Construction Commissioner (ABCC) in relation to conduct at a construction site for a residential apartment tower at 443 Queen Street, Brisbane.
The CEPU and Mr Moloney admitted breaching a right of entry provision of the Fair Work Act at the site in December 2021.
The conduct involved Mr Moloney failing to report to the site office when entering the site and failing to produce his entry permit when requested to do so.
Judge Salvatore Vasta found there was a need to impose penalties to deter similar conduct 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 laws.
“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.
All building and construction industry employers and employees can seek sector-specific workplace information, advice and assistance from the Fair Work Ombudsman.
The ABCC initially also made allegations in this case of contraventions against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and CFMMEU official Matthew Vonhoff. The allegations were discontinued by the FWO earlier this year.
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.
