In Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 1191 (5 October 2017), the Federal Court has fined the CFMEU $1 million for engaging in an illegal secondary boycott of concrete supplier Boral. The CFMEU imposed the boycott because Boral supplied Grocon with concrete during its industrial dispute with the CFMEU in 2012.

The fine is in addition to the reported $9 million that the CFMEU paid to Boral in 2015 to settle the company’s damages claim against the CFMEU.

Criminal proceedings against CFMEU Victorian Secretary John Setka and Deputy Secretary Shaun Reardon are continuing. In 2015, a joint Federal Police and Victorian State Police taskforce arrested and charged Mr Setka and Mr Reardon with alleged blackmail of Boral. The charges carry a maximum penalty of 15 years’ imprisonment.

If you would like more information about union rights of entry and industrial action, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like advice about union actions on your work site please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at

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