A CFMMEU official who had already clocked almost $40,000 in penalties for entry breaches has today landed a $10,000 personal payment order for entering a site to exercise an OHS right, just a month after surrendering his permit.
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.
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.
In a significant blow to ABCC attempts to rein in the behaviour of union officials by holding them personally liable for breach fines, the Federal Court has today ruled that an offender's past record must be taken into account before imposing such conditions.