The Federal Court has imposed penalties of $6000 on the CFMMEU’s former South Australian organiser Mark Gava and the CFMMEU $68,000 following Mr Gava breaching right-of-entry laws at an Adelaide project in December 2016. These penalties increase the total penalties imposed on the CFMMEU and its officials to $810,190 so far this financial year.

Mr Gava was found to have breached section 503 of the Fair Work Act 2009 when he “chose to lie”, unlawfully misrepresenting his right to access the project site and meet with workers while not having a valid right-of-entry permit.

Justice White in his judgment stated:

 “The CFMMEU's record of contraventions of industrial legislation is appalling. Since 2000, it has been found to have contravened industrial legislation on more than 140 separate occasions;…”

“On any view, this is a deplorable record of contraventions. It must be taken into account in assessing penalties in the present case.”

Australian Building and Construction Commissioner Stephen McBurney said the breach was yet another example of a CFMMEU official dishonestly and deliberately engaging in unlawful conduct.

Master Builders commends the courts for calling out the CFMMEU’s continued serious misconduct and contempt for the rule of law. However, it appears unfortunate that the current limited utilisation of personal cost orders means that the cost of the CFMMEU’s “deplorable record of contraventions” continues to be almost exclusively borne by its rank-and-file members through union dues, rather than by the individuals responsible for the unlawful conduct.

Master Builders also commends the tireless work of the ABCC in bringing these important matters before the courts. Retaining the ABCC with the necessary resources to continue its focus on enforcing the rule of law is not just good public policy, it is clearly in the national interest.