In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.
Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.
The FWC has renewed CFMMEU maritime division national secretary Paddy Crumlin's entry permit, but only after closely scrutinising his involvement in two unlawful industrial actions still before the courts.
AMMA and the ABCC have failed to convince the FWC that it should not issue entry permits to organisers fronting an AWU-CFMMEU alliance, despite its "inaccurate" representations and the recent lack of a genuine employment relationship.
A court has declined to make a declaration agreed to by an employer for admitted breaches of the Fair Work Act, ruling that its repetition of adverse findings would not "have any educative or deterrent effect. . . at all".
In what is believed to be an Australian-first, the Victorian CFMMEU is seeking penalties of more than $4 million against four police officers and the civil construction giant McConnell Dowell for allegedly stopping union safety officials from inspecting "high-risk work" at a level-crossing removal project.
A CFMMEU official has retained his entry permit despite being heavily fined for his part in a heated worksite stoush, the FWC finding he was acting on "genuine but mistaken" legal advice about his rights.
CFMMEU official Joe Myles has been hit with his second personal payment order in four months, the Federal Court today fining him $44,000 for a series of threats and actions over an unfavoured subcontractor working on a level crossing site in 2013 and 2014.