The embattled Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and two of its senior officials have been taken to court by the Fair Work Ombudsman over allegations of threatening an Indigenous labour hire firm to push it off Victorian government worksites.
On Wednesday, the Fair Work Ombudsman announced it had launched proceedings against the CFMEU and organisers Joel Shackleton and Gerry McCrudden. The case alleges breaches of the Fair Work Act, including prohibitions against coercion, making false or misleading representations about workplace rights, and acting improperly as entry permit holders.
This Federal Court action follows the publication of a video last year by this masthead as part of the Building Bad investigation—which was a collaboration with The Australian Financial Review and 60 Minutes. In the video, Shackleton allegedly threatens to “bash” the owners of Indigenous labour hire firm Marda Dandhi, stating to one individual, “I would take your soul” and “I’ll rip your f***ing head off.” McCrudden is also recorded saying that labour hire firms lacking CFMEU backing would struggle to secure work on Victoria’s Big Build projects due to the union’s agreements with major construction companies.
In related developments, police arrested Shackleton last September and charged him with making threats to inflict serious injury and threats to kill. These charges carry a maximum penalty of 10 years in prison. Shackleton is currently contesting the charges.
According to the Fair Work Ombudsman, the CFMEU’s alleged unlawful conduct occurred between July 2021 and March 2022, involving two Victorian government Big Build projects: the level crossing removal at Ferguson Street in Williamstown and the Monash Freeway Upgrade Project at O’Shea Road in Berwick.
The alleged coercion aimed to prevent Marda Dandhi—which is aligned with the rival Australian Workers Union—from working on construction projects and negotiating an enterprise agreement with the CFMEU.
The Ombudsman detailed that Shackleton allegedly threatened one of Marda Dandhi’s owners during a phone call and made physical gestures like clenching his fists at another owner to coerce the firm. Furthermore, Shackleton and McCrudden are accused of making unlawful misrepresentations during a heated discussion with two Marda Dandhi owners at the Monash Freeway Upgrade Project site. This interaction was also captured on camera.
Following the incident, Marda Dandhi’s owners wrote to Premier Jacinta Allan—who was then infrastructure minister—as well as to then-premier Daniel Andrews and then-federal opposition leader Anthony Albanese. Notably, Allan did not respond until a year later, stating that industrial relations and subcontractor selection were the responsibility of the contractor CPB.
Fair Work Ombudsman Anna Booth said the watchdog was seeking fines for multiple contraventions of workplace laws. The CFMEU could face penalties of up to $66,600 per breach, while the two officials could face fines of up to $13,320 per breach.
https://www.smh.com.au/national/victoria/cfmeu-officials-taken-to-court-over-alleged-big-build-worksite-coercion-20250924-p5mxip.html?ref=rss&utm_medium=rss&utm_source=rss_feed
