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- Industry update - November-December 2016
- Industry Update July - August 2016
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- Industry Update March - April 2016
- Message from the Director
- Court summary - New cases
- Court summary - Finalised matters
- Summary of recent Right of Entry Permit activity
- FWBC to assess enterprise agreements for code compliance
- Drug and Alcohol testing requirements under the Building Code 2013
- Contact FWO for matters related to wages and entitlements
- Industry Update March - April 2017
- Industry Update May - June 2016
- Industry Update November - December 2017
- Industry Update September - October 2016
- Industry Update September - October 2017
- Message from the Acting Commissioner
- Annual report - significant outcomes by the ABCC in 2016-17
- Court summary – finalised matters
- Court summary – new matters
- Summary of recent right of entry permit activity
- Streamlined process for resubmission of enterprise agreements
- The first year of the 2016 Code
- Wages and Entitlements
- Industry Update - January - February 2016
- Industry Update 18 December 2015
- Industry Update 27 November 2015
- Industry Update 6th August 2015
- Message from the Director
- CFMEU may be banned from paying its officials’ fines
- FWBC puts Tier One contractor before Federal Court
- CFMEU official allegedly tells building contractor “you’re on the top of our hit list” & threatens “500 blokes” will go onsite
- CFMEU official allegedly threatens ‘war’ and another ‘Kane’ situation
- Q & A with FWBC
- Three CFMEU officials’ permit applications refused
- Industry Update 13th July 2015
- Industry Update 18th March 2015
- Industry Update 5th March 2015
- Message from the Director
- Come on get Appy
- Compulsory 2013 Building Code audits starting
- 72 CFMEU officials before the courts
- Building and construction activity update
- Union officials must obey safety rules
- Court penalises CFMEU and officials $205,100
- Freedom of Association - Know Your Rights
- CFMEU’s Luke Collier added to No Permit List
- Courts wrap up
- Industry Update November 2014
- Industry Update October 2014
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- Industry Update July 2014
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- Industry Update March 2014
- E-Alert - Melbourne rally on 18 February 2014
- Industry Update - January-February 2017
- Industry Update - May - June 2017
- Industry Update February 2014
- Industry Update December 2013
- Industry Update November 2013
- Industry Update October 2013
- Industry Update June 2013
- Acting Director's message
- Vic CFMEU & officials incur $115k penalty
- FWBC conducts site visits following Melbourne Stop Work Rally
- Supreme Court finds CFMEU guilty of contempt in Grocon case
- $2m in unpaid wages & entitlements in construction workers' pockets
- The Building Code - what does it mean for you?
- Queensland's Office of State Revenue targets construction industry employers
- E-Alert - Melbourne Rally on 30 April 2013
- Industry Update April 2013
- New leadership at FWBC - Acting Director's message
- Know your worth campaign in full swing
- Do you employ apprentices? Tell us more
- Unpaid employee entitlements? Where to go for help
- Construction industry loses fewer days to strikes
- FWO to tackle exploitation of workers on 457 visas
- Free business apps now available
- Hot off the press - brochure for employees
- Industry Update January 2013
- Chief executive's message - welcome back to work
- New Building Code announced
- New program in SA to reduce exploitation of 457 visa workers
- Up to 13 per cent of independent contractors misclassified - Independent research report
- FWBC alleges CFMEU WA Secretary coerced building company not to host FWBC presentation
- Update on CFMEU-Grocon dispute proceedings in Vic
- Penalties for breaches of workplace relations law rise by 54.5 per cent
- Happy new year for construction workers - $80,000 in recent recoveries
- Serious penalties for misleading FWBC
- New FWBC guidance notes to promote openness
- Industry Update March 2013
- Do you know your worth? Chief Executive's message
- Knowyourworth.gov.au – the one-stop-shop for apprentices
- Hiring apprentices - what you need to know
- Quick guide to pickets and blockades
- FWBC audit campaign to assess 400 employers
- Don't be caught on the hop! Easter public holidays
- Court dismisses appeal
- Industry Update December 2012
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- What’s new at FWBC? Chief Executive’s message
- Translated FWBC video and brochures released
- Model national WHS Act – when and where does it apply?
- Q&A with FWBC’s Chief Counsel – Brian Corney
- Compensation and penalty payments secured for head contractor and subbies in Qld
- Things heating up on your building site? Call FWBC
- Follow FWBC on Twitter
- Leigh Johns sets the record straight on recovery of wages and entitlements
- Small business? ASIC wants to hear from you
- Enforceable Undertakings – another regulatory option available to FWBC
- FWBC’s first Annual Report tabled in Parliament
- Industry Update October 2012
- The new FWBC Industry Update is here
- FWBC holds unions and representatives to account in Victoria
- Targeted industrial campaigns cost CFMEU and McDonald $250,000
- Understanding your workplace rights is as easy as checking a box
- Side deals – not worth the paper they’re written on
- FWBC promotes rights of Defence Reservists
- Fair Work Building Industry Inspectors – coming to Rockhampton and Wollongong this month
- Industry Update August 2013
- Message from FWBC Director Val Gostencnik
- End of Financial Year Legal Wrap Up
- Court orders unions to pay $65k penalty for QLD strikes
- FWBC report finds misunderstanding most common reason for underpayments
- Termination of employment under the microscope in NSW
- QLD audit serves as reminder that EBA side deals can be costly
- New court cases in QLD and SA
- FWBC releases Agency Multicultural Plan
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Court summary – finalised matters
There have been six matters finalised in the Court since the last Industry Update. A summary is below.
In a decision handed down on 30 October, the Federal Court imposed a maximum penalty against the CFMEU after it repeatedly stopped work on a $126 million Commonwealth Games project on the Gold Coast.
The Court found the union carried out twice-daily, two-hour union meetings over 17 working days in May and June 2016 in a bid to coerce the head contractor to enter an enterprise agreement with the CFMEU.
In his decision, Justice Reeves described the action as “deliberate” and “repeated” and said it had “… continued after its immediate unlawful effect was achieved, namely, the withdrawal of the structural subcontractors' workers from the Carrara project site.”
Acting ABC Commissioner Cathy Cato said the “decision confirms that a business model based on illegitimate tactics to stop work is not acceptable on Australian construction sites.”
On 23 October, the CFMEU and a union delegate were penalised $98,000 after blocking a non-union member from working on a Melbourne construction site and coercing another to pay outstanding union fees before letting him start on the job.
The Federal Court found union delegate Andrew Harisiou’s conduct was “deliberate and wilful” when he contravened the Fair Work Act in August 2015 at the Pacific Werribee Shopping Centre site.
In his decision, Justice Tracey said the CFMEU had given no assurance that it will “direct its shop stewards not to seek to enforce ‘no ticket, no start’ regimes and to respect the freedom of association provisions of the Act.”
Acting ABC Commissioner Cathy Cato said the decision was a “reminder to employers and union delegates alike that every worker has a right to choose whether or not they want to join a union.”
The Federal Circuit Court imposed the maximum penalty on the CFMEU following right of entry breaches by its former Queensland President Dave Hanna at a Fortitude Valley construction site in 2015.
In his decision on 19 October, Judge Vasta labelled the CFMEU as “the most recidivist corporate offender in Australian history” and said "If I could have imposed a greater penalty for these contraventions, I most certainly would have done so.”
Mr Hanna had previously been ordered to pay the maximum $10,200 penalty for his conduct in the matter in a penalty decision in May this year.
Acting ABC Commissioner Cathy Cato said the penalty decision was significant and that “the imposition of six maximum penalties indicates the seriousness of the contraventions by a repeat offender.”
On 14 September, the Federal Court handed down penalties totalling $145,950 in relation to unlawful action that halted work at the Ichthys LNG Project in Darwin.
The Court found that in October 2013, 62 workers at the site, including the CFMEU’s site delegate Craig Tait, carried out unlawful industrial action with the intent of coercing their employer to change bus departure times.
Justice White said CFMEU organiser Michael Huddy and Mr Tait had “aided and abetted” the contraventions by the workers.
He described Mr Huddy’s actions as “deliberate and blatant” and “was dismissive” of the requests of security staff to leave the site.
The Federal Court has indicated that maximum penalties will be imposed against the CFMEU and a number of its senior officials for their unlawful conduct at the Barangaroo site in Sydney.
The Court found that in July 2014, the CFMEU forced a shutdown of the site in support of union delegate Peter Genovese who had been suspended from his employment after incidents of throwing a punch at a site manager and threatening him.
In his decision on 13 September, Justice Flick ordered the CFMEU to publish notices in two Sydney newspapers and the union’s journal about the unlawful conduct of its officials.
Justice Flick said in the judgment it was “not possible to envisage worse union behaviour” and the union’s “conduct exposes a cavalier disregard for the prior penalties imposed by this Court.”
The court is yet to issue final orders on penalties.
The Federal Circuit Court on 5 September, ordered Brisbane firm Dig It Landscapes to pay more than $40,000 after it terminated the contract of another company because they did not have a CFMEU EBA.
The Court found that in May 2014, a CFMEU official told workers of a waterproofing company they were not allowed to work on a Fortitude Valley site because their employer did not have an enterprise agreement with the union.
In his decision, Judge Vasta said Dig It Landscapes had taken a decision to terminate the contract of the second company because it “did not want to have trouble” with the CFMEU.
Dig It Landscapes was penalised $40,800 and its project manager $6,120. The CFMEU was penalised $47,175 and the CFMEU site delegate $7,650.