Fair Work Building and Construction (FWBC) has recently filed two separate cases in the Federal Court alleging right of entry breaches by Victorian CFMEU officials. In both instances, site management lawfully refused entry following the union officials’ refusal to enter in accordance with the right of entry provisions of the Fair Work Act 2009 (FW Act). The CFMEU officials then in both instances allegedly attempted to access the site anyway – despite site management advising the union officials that the police would be called in relation to their trespass.

The CFMEU officials have reportedly responded in one of the matters, by warning the company that they would be ‘starting a war’ with the union – and in the other, by threatening to place the company on a ‘hit list’ and would have ‘500 blokes here on site tomorrow’.[1]

CFMEU spokespersons have been reported as responding as follows[2]:

“The increasing levels of absurdity surrounding prosecutions of this nature should have taxpayers asking how long they’re prepared to shoulder the burden of a political police force rolling out this ideological agenda.” 

These comments show just how far out of touch the CFMEU has become.

FWBC is far from a political police force rolling out an ideological agenda. It is a regulator that was established by a previous Federal Labor Government to enforce the FW Act, legislation introduced by a previous Federal Government.

The reality is that it is the continuing breaches of the rule of law by the CFMEU and its officials that has become increasingly absurd – with the true burden falling not only on CFMEU members through continuing penalities for misconduct being imposed on the union, but more broadly on both the commercial construction industry and Victorian community as a whole.

Master Builders strongly supports the industry regulator’s efforts to enforce the rule of law in the industry.