CFMEU and official fined for right of entry breaches
The Federal Circuit and Family Court has imposed fines against the CFMEU and several officials for right of entry breaches on a Brisbane project dating back to October 2022.
Civil contractor Georgiou Group Pty Ltd (Georgio) were undertaking work on the Yatala South Interchange Update Project south of Brisbane. The project was to upgrade exit 41 on the Gold Coast Highway or Pacific Motorway (M1) so that there would be a second overpass on the highway to accommodate increasing traffic volumes on the motorway.
On 25 October 2021, two organisers of the Construction, Forestry, Mining, Maritime and Energy Union (“the CFMMEU”), Dean Rielly and Matthew Vonhoff, arrived at the worksite. Upon entry, they refused to sign the visitor’s register. Dean Rielly and another organiser Margues Pare attended the worksite two days later. They refused to sign the visitor’s register. Mr Reilly also said words that could be interpreted as a threat and also made an allegation of corrupt conduct by Georgiou.
Georgiou’s safety rules required all visitors (including the union) to attend the site office and to announce themselves to the contractor with signs to this effect throughout the worksite. Visitors were requested to sign the visitor register and record their name, phone number, company, and position.
These details are the basis for a declaration of the visitor as to any pre-existing condition or injury that would prohibit entry to the worksite. The signature of the visitor, time in and time out of the visitor, as well as the name of the escort from the contractor and the signature of the escort, would also all be recorded.
Visitors were then given an “induction” by the contractor, during which they were made aware of precautions that must be undertaken, any particular safety issues in the area in which they were visiting, and emergency procedures to be followed. By signing the visitor register, visitors acknowledged that they had been told of all the safety aspects pertinent to their visit to the work site and had understood that information.
When the Project Manager directed Mr Reilly to attend the site office, the union official said, “I am an authorised Union representative; therefore, I am authorised to be on-site“.
The Project Manager claimed that during a conversation on-site, Mr Reilly called him a liar and stated that he had engaged contractors who were making illegal payments and employing illegal labour.
Federal Court Judge Salvatore Vasta was particularly concerned with claims that Mr Reilly said, ‘You tell me who you need and I will tell you their names. If you don’t start doing what I tell you, I will go to my car, grab my bat and start swinging it around. The Projector Manager replied, ‘Are you saying you are going to hit me? Are you threatening me?
The Project Manager claimed Reilly replied, ‘I never said I’m going to hit you. I might just start swinging it around the car park‘.
Judge Vasta acknowledged as appropriate the penalties agreed by the parties for the union to be fined $113,886. Mr Reilly was fined $15,000, Mr Vonhoff $3,750 and Mr Pare $2,550.
CFMEU penalised for breaching right of entry laws – Fair Work Ombudsman
For queries about unions, right of entry, safety matters, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.
Ref: 450.0724
