A judge has today accepted the ABCC's view that the construction union's lengthy rap sheet should influence the penalty for a relatively minor breach, but has declined to impose a personal payment order on the official involved.
The FWC has taken the rare step of revoking the entry permit of a CFMMEU official who aggressively swore at a subcontractor at a road construction site before asking if he was going to use the hammer he was carrying "to smash me".
In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.
The FWC has refused to renew MUA Sydney branch secretary Paul McAleer's entry permit, ruling that he has "repeatedly preferred the interests of his union and/or its members over compliance with industrial laws."
Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.
The FWC has renewed CFMMEU maritime division national secretary Paddy Crumlin's entry permit, but only after closely scrutinising his involvement in two unlawful industrial actions still before the courts.