The ABCC has secured fines totalling almost $300,000 against the CFMMEU, a union organiser and 16 workers for disrupting a major project in pursuit of a deal, but missed out on a personal payment order after leaving it to the official concerned to "guess" that was its intent.
The Federal Court has penalised the CFMMEU and three construction division WA branch officials $180,000 for organising a half-day strike in 2018 over redundancy pay for Perth Airport rail link workers, 39 of whom also copped $4000 fines.
In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.
The Federal Court has opted to assign to a referee consideration of two stevedores' "bewildering", multi-million-dollar compensation claim following unlawful bans by the CFMMEU's maritime division in 2017.
The ABCC has enjoyed another mixed result in its campaign to bring the CFMMEU to heel, a Federal Court judge agreeing to impose personal payment orders against three officials involved in picketing a building site but rejecting argument that the union's past record should necessarily attract maximum penalties.
The operator of the "robo-terminal" at Melbourne's Webb Dock says it is re-activating a damages claim against the CFMMEU which seeks to recover $80 million in losses and foregone income from a picket in late 2017.
A full Federal Court has largely dismissed the CFMMEU's broad-ranging appeal against more than $300,000 in fines imposed for attempting to force a contractor into signing a union-approved deal, agreeing only that publication orders served no purpose and that too much was made of an "eenie meenie miney mo!" text message.
A court's imposition of $200,000 in fines on the CFMMEU for unlawful pickets that might have caused "some very small loss of productivity" underlines the heavy sanctions construction unions face for such actions under the legislation that re-established the ABCC after the 2016 double dissolution election.
A Federal Court judge has for the second time rejected FWO arguments that the CFMMEU's maritime division should not benefit from the Fair Work Act's single course of conduct mechanism in determining penalties for an unlawful strike.