The Federal Court in Australia has imposed a total of AUD 171,000 (USD 115,591) in penalties against the Construction, Forestry and Maritime Employees Union (CFMEU) and two of its officials for unlawful conduct at a construction site in South-East Queensland.

The penalties are the result of legal action commenced by the Australian Building and Construction Commissioner (ABCC). The CFMEU has been penalised AUD 150,000 (USD 101,396) and CFMEU officials Andrew Blakeley and Luke Gibson have been penalised an additional AUD 14,000 (USD 9,464) and AUD 7,000 (USD 4,732), respectively.

Blakeley and Gibson, and through them the CFMEU, admitted breaching right of entry laws in the Fair Work Act on 28 February 2020 at the construction site for the Coles Distribution Facility Project in Redbank in Ipswich.

The conduct involved Blakeley and Gibson obstructing a concrete pour by standing directly in the path of a reversing truck to stop it from discharging its load, manoeuvring themselves to stay in the path of the truck and refusing to move despite repeated requests.

Blakeley, and through him the CFMEU, also admitted to breaching the Fair Work Act by misrepresenting to a police officer that he and Gibson had the power to stop works at the facility, when they did not.

Acting chief justice Berna Collier found that the contraventions were ‘serious’ and ‘a misuse of power by officials’ and that there was a need to impose penalties to deter Blakeley and Gibson from similar future conduct.

Furthermore, Acting Chief Justice Collier found there was a need to specifically deter the CFMEU and impose a penalty at the level that ‘must not simply be seen by the [CFMEU] as the cost of doing business.’

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 right of entry laws and misrepresenting that actions are authorised by the Fair Work Act.

“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,” Booth said.