CFMEU officials fined for unlawful conduct

The Construction, Forestry and Maritime Employees Union (CFMEU) and two of its officials have been fined $131,000 for unlawful conduct at a Brisbane construction site.

The Federal Court found CFMEU officials Andrew Blakely and Dean Mattas acted unlawfully and breached the Building and Construction Industry (BCI) Act at the Inner City South State Secondary College in Dutton Park on July 21, 2020.

It was alleged Mr Blakely threatened to cause employees of subcontractors to refuse to carry out work, with the intent of coercing the site’s head contractor to remove its project manager from the site and not allocate him duties associated with his role.

The court also found Mr Mattas breached the Act by organising unlawful industrial action at the site in July and August 2020, by directing employees of seven subcontractors operating at the site to stop work.

The industrial action was found to be unlawful because Mr Mattas was unable to issue lawful directions to the employees because he was not a valid health and safety representative.

Justice Darryl Rangiah described Mr Blakeley’s conduct as “illegitimate”, finding the threat he made was “grossly disproportionate” to his concerns about the project manager.

Justice Rangiah found that some of the industrial action organised by Mr Mattas, specifically in relation to the employees of four of the seven subcontractors, was done with the intent to coerce the head contractor to remove the project manager from the site.

Justice Rangiah also found that there were “alternative lawful and legitimate forms of action that Mr Mattas and the CFMEU could have taken” to address their concerns.

He said Mr Blakeley and Mr Mattas had not expressed any remorse for their conduct and there was a need to impose penalties to deter future breaches.

The CFMEU was fined $105,000, Mr Blakely was fined $15,000 and Mr Mattas was fined $11,100 by the Federal Court.

The legal action against the CFMEU, Mr Blakeley and Mr Mattas was commenced by the Australian Building and Construction Commissioner (ABCC) in 2020.

Responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022 under federal legislation.

Acting Fair Work Ombudsman Michael Campbell said the court penalties affirmed the seriousness of breaching laws relating to lawful conduct on Australian construction sites.

“There is no place for unlawful conduct aimed at coercing contractors on any worksite,” he said.

“Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will continue to investigate reports of noncompliance and hold to account those who act outside the law.”

CFMEU QLD/NT have been contacted for comment.