Event and Time
Event Description
On 30 June 2020, the Australian Building and Construction Commissioner (ABCC) filed an application in the Federal Circuit and Family Court of Australia against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), Andrew Blakeley, and Luke Gibson. The case revolved around alleged contraventions of section 500 of the Fair Work Act 2009 (Cth) related to improper behavior during the Cross River Rail project in Brisbane, a significant infrastructure project.
Application and Claims
The ABCC sought:
- Declarations and pecuniary penalties against the CFMMEU and its officers, Blakeley and Gibson, for contraventions of the Fair Work Act.
- The penalties aimed to enforce compliance and deter future breaches.
Judicial Decisions
- Andrew Blakeley and Luke Gibson each received a penalty of $12,600.
- The CFMMEU was ordered to pay $126,000 in total, split into two separate penalties of $63,000 each for contraventions related to the FW Act.
- All penalties were to be paid to the Commonwealth of Australia within specified timeframes.
Dispute Points and Legal Basis
Dispute Points
- Applicant (ABCC):
- Alleged the CFMMEU breached its obligations under the FW Act by engaging in improper conduct. - Asserted the need for significant penalties to deter similar future contraventions.
- Respondents (CFMMEU, Blakeley, Gibson):
- Admitted the facts of the case leading to claims of contraventions. - Did not contest the findings but may argue for reduced penalties or highlight mitigating factors.
- Third Parties (CPB Contractors):
- Responsible for overseeing safety compliance on-site, asserting the right to impose occupational health and safety (OHS) requirements relevant to the incident. Their protocols aimed to enhance workplace safety, implicating concerns over union conduct during the project.