Case name
The Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors
Known as
The Footscray Station Case
Commonwealth Courts Portal reference and link

VID27/2015

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

CFMEU, Joseph Myles, Drew MacDonald

Date filed
22 January 2015
State/Territory
VIC
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Link to liability judgement

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2016] FCA 872 (5 August 2016)

Link to penalty judgement

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555

Summary of court decision

On 21 December 2017, the Court ordered penalties totalling $242,000 against the CFMEU and CFMEU officials Drew Macdonald and Joseph Myles following the penalty hearing held on 22 November 2016: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555.

The ABCC* filed proceedings in the Federal Court against the CFMEU, Mr MacDonald, and Mr Myles for disrupting a concrete pour and flouting safety laws on the Regional Rail Link – Package C Project in Footscray, Victoria on 27 February 2014.

Justice Tracey found that the Respondents had contravened the Fair Work Act 2009 as follows:

Mr MacDonald and Mr Myles had acted in an improper manner, and Mr Myles had also failed to comply with an occupational health and safety requirement, by walking through an area delineated as being out of bounds for safety reasons and failing to exit the area when being requested to do so by the site occupier;

Mr Myles had acted in an improper manner by summoning and addressing a group of workers which caused them to cease working;

Mr MacDonald and Mr Myles had hindered and obstructed the pouring of concrete by standing near a concrete truck and failing to move out of the way when requested;

Mr Myles had also hindered and obstructed the pouring of concrete from a second concrete truck; and

The CFMEU was liable for the contraventions of Myles and MacDonald as an accessory.

*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.

Penalities

Penalties awarded against

Penalties awarded

CFMEU

$200,000

Joseph Myles

$32,000

Drew MacDonald

$10,000

Total

$242,000

Total penalities

$242,000

Related content

Media release – Court penalises CFMEU $242,000 for abusing entry rights at Footscray site