Event and Time
Event Description
On 22 April 2021, the Commonwealth of Australia, represented by the Australian Building and Construction Commissioner, filed an Originating Application and a Statement of Claim against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its officials, alleging violations of the Fair Work Act 2009 (Cth).
Application and Claims
The claims involved:
- Allegations of contraventions by CFMMEU (1st Respondent), Andrew Blakeley (2nd Respondent), and Michael Ravbar (3rd Respondent).
- The inclusion of the fourth respondent, Peter Bransdon, was later withdrawn as a party to the proceeding.
- The Applicants sought pecuniary penalties for the admitted contraventions of civil remedy provisions under the Fair Work Act.
Judicial Decisions
- The court ordered:
- CFMMEU to pay $59,940 for each of two contraventions. - Andrew Blakeley to pay $7,992 for his contravention. - Michael Ravbar to pay $10,656 for his contravention.
- The penalties were to be paid to the Commonwealth of Australia within 28 days.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The CFMMEU had contravened provisions of the Fair Work Act. - The actions of Andrew Blakeley and Michael Ravbar constituted breaches of civil remedy provisions.
- Respondent's Arguments:
- The respondents admitted liability for the contraventions prior to the hearing. - They did not oppose the proposed orders but may have sought clarification on the penalties.
- Additional Considerations: