Case name
Australian Building and Construction Commission v Blake Hynes & Ors
Known as
Logan Enhancement Project
Commonwealth Courts Portal reference and link

BRG34/2019

Applicant
Australian Building and Construction Commission
Respondent(s) at time of filing
CFMMEU, Blake Hynes, Beau Seiffert
Date filed
State/Territory
QLD
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Date finalised
Link to penalty judgment

Australian Building and Construction Commissioner v Hynes & Anor [2019] FCCA 3145 (1 November 2019)

Summary of court decision

On 1 November 2019, the Federal Circuit Court imposed penalties totalling $39,050 against the CFMMEU and its official Blake Hynes after he acted in an aggressive manner and abused subcontractor Enco’s general manager at the Logan Enhancement Project.

The CFMMEU was penalised $34,650 and Mr Hynes $4,400.

Mr Hynes admitted that while exercising right of entry at the $512 million project south of Brisbane in August 2018, he approached the general manager and yelled “you f…ing, dog, c..t”. 

As the general manager continued towards a parking area, Mr Hynes continued to shout at him while acting in an aggressive manner and at one point crossed his path. 

In his penalty judgment today, Judge Jarratt said:

The conduct by Mr Hynes was unprovoked. 

The words he used were objectively offensive. They were unprovoked and aggressive.  

Mr Hynes’s conduct was, I accept, antithetical to the rights of entry regime established under the Fair Work Act and was a gross abuse of the entitlements given to Mr Hynes by his entry permit.  His conduct was plainly deliberate 

The CFMMEU is a large organisation with significant financial resources which exhibits an ongoing willingness to contravene the Fair Work Act. .. Its unending recidivism calls for a penalty at the higher end of the range of penalties appropriate for this contravention.

On 9 July 2019, the ABCC discontinued proceedings against Beau Seiffert.

Penalties
Penalties awarded against Penalties awarded
CFMMEU $34,650
Blake Hynes $4,400
Total penalties $39,050
Historical content

01 November 2020 - Court penalises CFMMEU and its official $39,050 for 'offensive' and 'unprovoked' abuse of subcontractor