In an important decision for the rule of law in the building and construction industry, the High Court has found that courts may impose fines against union officials for their unlawful breaches of the Fair Work Act 2009 (FW Act) and require those individuals pay the fine personally.

The High Court’s decision provides a clear signal that union officials are not above the law. Union officials can now be held personally accountable for breaking the law, rather than the current practice whereby the union indemnifies them by paying court fines on their behalf.

The matter, brought before the High Court by the ABCC, has now been referred back to the Federal Court for re-consideration of penalties in line with the new interpretation.

The decision means that in future both unions and officials will, and should, be held liable for breaches of the Fair Work Act. The decision therefore marks a significant step forward in establishing accountability for union officials who chose to break the law in our sector, bolstering the work of the ABCC in our industry.