Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors
Court file number: WAD360/2015
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Joe McDonald & 49 Ors
Date filed: 15 July 2015
Alleged breach: Industrial action
- On 8 July 2016 the Federal Court imposed penalties totalling $61,000 against the CFMEU, Joe McDonald and 28 of the employee respondents. A further 15 employee respondents were penalised $1,000 each by the Court on 26 July 2016. Total penalties in this matter come to $76,000.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union  FCA 798
FWBC has brought proceedings against the CFMEU, WA Assistant Secretary Joe McDonald and 49 workers in the Federal Court for undertaking unlawful industrial action at the $208 million Lakeside Joondalup project in May and June 2014.
FWBC’s allegations are as follows:
- On 30 May 2014, Mr McDonald and two other CFMEU officials held a meeting at an entrance gate to the site that ran for approximately 22 minutes, 7 minutes of which was work time. Following the meeting, the workers attended for duty to perform work on the project. The officials met with the site manager to inform his that the workers did not wish to work on the 3 June rostered day off, as had been requested. When the site manager said “the site will be open and we are only requesting workers to work”, Mr McDonald responded “I don’t think many workers will turn up”.
- On 3 June, Mr McDonald met with the site manager to complain that workers had been docked four hours pay as the 30 May meeting had run into work time. When the site manager responded that this was in line with the Fair Work Act, Mr McDonald responded that there would be another meeting with the workers the next day to discuss.
- Mr McDonald met with around 60 workers on 4 June and said that they as they had been docked four hours pay, they had worked for about three hours for free. After being advised by the site manager that the workers would again be docked pay as the 4 June meeting had run into work time, Mr McDonald took a vote of workers who wished to go home. A majority voted in favour, and those workers left the site and failed to perform any work that day.
FWBC alleges that through the above action, Mr McDonald organised unlawful industrial action.
On 8 July 2016 the Federal Court imposed penalties totalling $61,000 against the respondents, including $27,500 against the CFMEU, $5,500 against Joe McDonald and $1,000 for each employee respondent. A further 15 employee respondents were penalised $1,000 each by the Court on 26 July 2016. Total penalties in this matter come to $76,000.
For more information please view the document(s) attached below.
Media release: Media release - CFMEU's Joe McDonald allegedly leads strike action after head contractor follows the law (PDF 367KB) Media backgrounder - CFMEU's Joe McDonald allegedly leads strike action after head contractor follows the law (PDF 404KB) Media release - CFMEU-organised strike leads to $61,000 in penalties (PDF 32KB)