Win delivers significant reduction in fines for CFMMEU after successful appeal

In May 2021, the then Australian Building and Construction Commission ('ABCC') issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties on the union and its officials by way of fines. On appeal, it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.

The appeal

Hall Payne was engaged by the CFMMEU and the two officials in an appeal against the penalty judgment of the Federal Circuit Court, which was delivered on 3 February 2022.

At first instance, our clients were fined:

• CFMMEU - $119,880