Case name
Australian Building and Construction Commissioner v Kevin Pattinson & Anor
Known as
Monash Peninsula Student Accommodation
Commonwealth Courts Portal reference and link


Date filed
Breach(es) found
Adverse action, Misrepresentation of workplace rights
Under appeal
Link to penalty judgment

Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654

Full Court appeal Commonwealth Courts Portal reference and link

Pattinson V Australian Building and Construction Commissioner [2020] FCAFC177

Summary of court decision

On 14 October 2019, the Federal Court imposed penalties totalling $69,000 against the CFMMEU and its shop steward Kevin Pattinson for preventing an apprentice and electrician from working on a Frankston construction site because they were not members of the union.

Mr Pattinson admitted that on 13 September 2018 he approached the apprentice and the electrician during a site induction at the Monash Peninsula Student Accommodation Project, and asked them about their union membership:

Mr Pattinson: Are you union? Do you have a ticket for your fees? Have you paid your fees?

Electrician: No, we’re not a union-based company so we don’t have our ticket.

Mr Pattinson then misrepresented to the workers that in order to perform work on the site, they had to become a member of the union. As a result, the apprentice and electrician were prevented from performing work on the site.

The Court penalised the CFMMEU the equivalent of a single maximum penalty of $63,000, and penalised Mr Pattinson $6,000 for the conduct.

In handing down his judgment today Justice Snaden said:

...The Union is a “serial offender” that has, over a long period, exhibited a willingness to contravene workplace laws in the service of its industrial objectives; and one that appears to treat the imposition of financial penalties in respect of those contraventions as little more than the cost of its preferred business model.

…I regard the Union’s Agreed Contraventions—viewing them, as I do, against the backdrop of its sorry record of statutory contravention—as very much of the gravest, most serious kind. It is bad enough that it should so casually intrude upon rights of free association so valued by societies of conscience; much worse that it should do so, yet again, in deliberate defiance of the law that it has been told time and time again that it must obey. 

…it appears to be wholly unmoved by the prospect that it might be forced yet again to dig into its members’ “big pots of gold” in the name of “fight[ing] the good fight”. 

Of Mr Pattinson’s conduct, his Honour said:

…given his long-held position and rank within the Union, it is patently absurd to conclude anything other than that he did what he did out of fealty to his Union’s policy of enforcing a “no ticket, no start” regime at the construction sites over which it wields influence.

Mr Pattinson is merely the latest foot soldier in what seems to be the Union’s war against free association on Australian building sites."

On 16 October the full Federal Court allowed the CFMMEU's appeal in relation to the penalty decision. In doing so it set aside the original penalty amounts and imposed reduced penalties of $4,000 and $500 against Mr Pattinson and $36,000 and $2,000 against the CFMMEU.

On 13 December the ABCC filed a High Court special leave application in the Monash Peninsula matter (37295), in respect of the Full Court’s decision in Pattinson v ABCC [2020] FCAFC 177.

On 20 May the High Court granted the ABCC special leave to appeal the Full Federal Court ruling.

Penalties awarded against Penalties awarded
CFMMEU $38,000
Kevin Pattinson $4,500
Total penalties $42,500


Historical content

Media release - Federal Court penalises “serial offender” CFMMEU for enforcing “no ticket, no start” policy