The Federal Court in fining the CFMEU $545,000 for unlawful industrial action has warned that it can't expect to keep its registration as a trade union while it "persistently abuses" its privileges.
The High Court has granted special leave for the federal government, the CFMEU and the CEPU to challenge a full Federal Court judgment that effectively stops the FWO and FWBC from continuing their practice of providing "agreed" penalty ranges to courts.
Five weeks after ordering Darwin-based Choong Enterprises to pay the largest-ever court-imposed fine for breaching 457 visa sponsorship obligations, the Federal Court has directed the company to backpay seven of the Filipino workers involved a total of more than $100,000.
An employee dismissed for misconduct might now face imprisonment and penalties for contempt after failing to comply with a court order to repay more than $25,000 to his former employer.
In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.
The Federal Court has criticised the CFMEU for its "deplorable" approach to complying with the law, ordering it to pay a penalty of more than $100,000 for a series of breaches on a wind farm construction site and to stop interfering in the project.
The former Labor Government's changes to the modern award objective have made it impossible for 24/7 industries such as hospitality to successfully prosecute cases to abolish penalty rates and should be scrapped, according to the peak body for restaurant employers.
The CFMEU construction and general division's "cavalier attitude" to court orders has cost it another $125,000, with the Federal Court finding it in contempt of undertakings not to block access to a Victorian wind farm project last year.
A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.
A major employer-clientele law firm is predicting that unions will become more aggressive in their pursuit of wage and job security claims this year, and that employers will respond in kind by seeking to unilaterally end bargaining negotiations and turning to regulators like the ACCC.
