9 July 2024

The Fair Work Ombudsman has secured a total of $247,540 in penalties in court against the Construction, Forestry and Maritime Employees Union (CFMEU) and three of its officials for unlawful conduct at a construction site in Adelaide.

The Federal Court has imposed penalties of $213,840 against the CFMEU, $18,900 against Wyatt Raymount, $7,200 against Travis Brook, and $7,600 against Desmond Savage.

Mr Raymount, Mr Brook and Mr Savage, and through them the CFMEU, admitted breaching the Fair Work Act at the Yatala Labour Prison upgrade project at Northfield, in Adelaide, in 2021. The three individuals were CFMEU officials at the time, but only Mr Brook is currently a CFMEU official.

Mr Raymount and Mr Brook breached section 500 of the Fair Work Act by acting in an improper manner at the construction site.

The unlawful conduct included Mr Brook and Mr Raymount entering an exclusion zone on 31 August 2021 and Mr Raymount making abusive statements and swearing at representatives of the site operator on 30 August and 2 September 2021.

Mr Savage breached section 340 of the Fair Work Act at the construction site on 2 September 2021 when he took adverse action against a site safety manager by positioning himself in a threatening manner and stating to the manager words to the effect of, “The more you call your [ABCC] mates, the more I’ll come down on you”.

Justice Patrick O’Sullivan described the statements made by Mr Raymount as “direct, forceful and personal verbal abuse” and found that the entry by Mr Raymount and Mr Brook into the exclusion zone was “at best irresponsible and at worst demonstrates a complete disregard for not only the safety of Mr Raymount and Mr Brook, but also the safety of others who, I infer, are likely to have been distracted from their work because of the unauthorised and unexpected entry into the exclusion zone of others.”

Justice O’Sullivan found that Mr Savage had engaged in “physically threatening behaviour” that was “intended to intimidate” and could “only be described as thuggish”.

His Honour found that there was a need to impose penalties to deter similar future conduct.

The legal action against the CFMEU, Mr Raymount, Mr Brook and Mr Savage was commenced by the Australian Building and Construction Commissioner (ABCC) in January 2022.

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 requiring permit holders to comply with the law.

“There is no place for threatening behaviour, adverse action or improper conduct by permit holders on any worksite,” Ms Booth said.

“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 act outside the law.”

The Fair Work Ombudsman has now secured total penalties of more than $3 million in court cases that have been finalised since they were transferred to it from the ABCC in December 2022.

All building and construction industry employers and employees can seek sector-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.