The Federal Court has ordered the CFMEU and four of its officials to pay $171,500 in penalties following a series of unlawful disruptions at Melbourne apartment construction sites.
The Fair Work Ombudsman (FWO) secured the penalties in December after the court found current and former union officials engaged in “improper” behaviour at Ironside Construction’s sites in Alphington and Croydon during 2021. The CFMEU bore the brunt of the fine, hit with a $144,000 penalty.
Individual fines were also handed down to officials James Simpson ($13,000), Paul Tzimas ($7,500), James Harris ($4,000), and Jaxson Mahy ($3,000).
The court heard that in March 2021, James Simpson breached the Fair Work Act at the Alphington site by abruptly turning off the site’s generator.
The act was performed without authorisation or warning to the workers on-site. Justice Craig Dowling described the contraventions as serious, noting that several of the respondents had prior histories of similar conduct.
Further incidents occurred at a Croydon residential project between April and May 2021. The court found that officials refused to leave construction zones despite being asked to do so for occupational health and safety reasons.
Other specific breaches included Paul Tzimas’ causing an excavator to stop work and Jaxson Mahy accessing and photographing a site manager’s computer screen without permission.
Fair Work Ombudsman Anna Booth condemned the actions, stating that the right-of-entry laws must be respected.
“There is no place for improper conduct by permit holders on any worksite,” Ms Booth said.
“We expect all workplace participants, including unions and their officials, to follow the law at all times.”
The case was originally launched by the Australian Building and Construction Commissioner (ABCC) in 2022 before being transferred to the FWO.
Justice Dowling noted that the penalties were intended to serve as a deterrent to the union and the broader industry.
The FWO has now secured more than $3.8 million in court-ordered penalties since taking over these cases in December 2022, with the vast majority involving the CFMEU or its representatives.
“Improving compliance across the building and construction sector is a priority,” Ms Booth said.
“We will investigate reports of non-compliance and hold to account those who act outside the law.”
