Australia’s Federal Circuit and Family Court levied 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 was penalised AUD 43,290 (USD 28,550) and union organiser Paul Tzimas was penalised AUD 7,990 (USD 5,268).

Tzimas, and through him the CFMEU, admitted breaching two sections of the Fair Work Act which apply to permit holders, section 500 (acting in an improper manner) and section 499 (failing to comply with an occupational health and safety requirement).

The breaches occurred at a construction site on the North East Link Project in Melbourne on 4 February 2021. The unlawful conduct involved Tzimas entering, without authorisation, an area where an excavator was operating and failing to leave the area when he was reasonably requested to do so.

Judge Mark Champion described the conduct as “deliberate and intentionally defiant” and found there was a need for deterrence. 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 act in a proper manner.