Victorian CFMMEU official Joe Myles has received his second personal payment order in four months, after the Federal Court last week fined him $44,000 (and the CFMMEU $250,000) for organising unlawful industrial action, attempting to coerce a head contractor and multiple breaches of right-of-entry (on purported safety grounds). The fines relate to Mr Myles’ attempts to prevent a particular subcontractor from being engaged by the head contractor to perform work on a level crossing site in 2013 and 2014.

While the Federal Court has recently declined to grant some personal payment orders sought by the ABCC, Justice David O'Callaghan had no hesitation in last week’s judgment given "the absence of any evidence about the asserted burden and opprobrium, to say nothing of evidence about contrition". This is important as it sends a message to all building industry participants that those individuals who continue to hold themselves above the law will be held to (financial) account for their recidivism.

The decision provides yet another case study of the CFMMEU’s willingness to bully, coerce and abuse safety powers, in pursuit of its apparent industrial objective of seeking to exercise cartel-like control over labour arrangements on Victorian constructions sites. As such, the CFMMEU continues to provide compelling evidence in support of the need to retain the ABCC.