Event and Time
Event Description
On 19 April 2022, the Fair Work Ombudsman (FWO) initiated proceedings against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two individuals, Michael Ravbar and Andrew Robert Blakely, alleging contraventions of Section 500 of the Fair Work Act 2009 (Cth). Following a series of court orders and mediation attempts, a penalty hearing was set, culminating in judicial decisions regarding the imposition of pecuniary penalties on the respondents.
Application and Claims
The FWO sought:
- Declarations of contraventions by the CFMMEU and the two respondents.
- Imposition of pecuniary penalties against all respondents for the identified contraventions of the Fair Work Act.
Judicial Decisions
The court ordered the following pecuniary penalties:
- CFMMEU: $204,000 (total for four contraventions).
- Michael Ravbar: $9,320 (total for two contraventions).
- Andrew Robert Blakely: $12,000 (total for two contraventions).
- Personal payment orders were made against Ravbar to prevent him from influencing the CFMMEU regarding penalty payments.
- The penalties were to be paid to the Commonwealth within 90 days, with no costs order made.
Dispute Points and Legal Basis
Dispute Points
FWO's Claims:
- Allegation of multiple contraventions by respondents as outlined in declarations.
- Justification for seeking substantial pecuniary penalties.
Respondents' Arguments:
- Defense against the claims regarding compliance or mitigating factors that could warrant reduced penalties.
- Arguments related to the nature and consequences of the alleged contraventions and their impact on workers and the industry.