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CFMEU liable for adverse action
Home / Latest Articles / CFMEU liable for adverse action

In a recent decision which is good news for employers, a court found that a union officer from the CFMEU was liable for what is known as adverse action just by standing by while union delegates on site threatened that if workers did not join the union, they would be kicked off site and the site would be shut down.

The beauty of adverse action is that the individual concerned can be personally liable for any loss sustained by you – as an employer – plus being liable for a fine (which can cover your legal costs).

The Australian Building and Construction Commission (ABCC) (as they did in this case) can initiate such proceedings on your behalf or you could initiate the action as a company.

This is particularly pertinent for members who only occasionally do work in Victoria and Queensland to make a point.

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