Employers, employees reminded of obligations ahead of planned action

The Fair Work Ombudsman (FWO) has issued a stark reminder about the legal implications of obstructing the administration of the Construction & General Division of the Construction, Forestry and Maritime Employees Union (CFMEU).

The FWO stated that it is unlawful to take actions that prevent the Administrator of the CFMEU from effectively administering the scheme of administration or to interfere with the ability of others to take actions under the scheme.

"Civil or criminal penalties can apply," the FWO said in a media release.

The reminder arrived ahead of a planned rally and work stoppages in Sydney on November 12, which are linked to the administration of the CFMEU.

Engage in discussion ahead of action

According to the FWO, all parties need to engage in discussions before the scheduled industrial action, particularly regarding whether employees intend to use any available leave during their absence from work.

It noted that if an employee has engaged in unprotected industrial action, the employer is required under the Fair Work Act (FWA) to deduct a minimum of four hours' wages from the employee, even if the industrial action was less than four hours.

"Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the Act," the FWO added.

"Any person 'knowingly involved' in a contravention of the Act is also taken to have contravened that provision."

The FWO monitors and investigates potential non-compliance with Commonwealth workplace laws as part of its obligations in the FWA.

"If unprotected industrial action affects or is likely to affect you, or you are a representative of an organisation where industrial action will affect or is likely to affect your members, you can report the conduct to us," it said.