CFMEU allegedly unlawfully enters another site, again

The Fair Work Ombudsman is commencing legal action against the CFMEU after two of its officials allegedly unlawfully entered a construction site in Brisbane.

On 10 February 2026, the Fair Work Ombudsman (FWO) confirmed that it is pursuing legal action against the Construction, Forestry and Maritime Employees Union (CFMEU) and two of its officials, Cody Budgeon and Dylan Howard, who had allegedly engaged in unlawful conduct in Brisbane.

The FWO will seek penalties of up to $19,800 per contravention made by Budgeon and Howard, as well as penalties of up to $99,000 against the CFMEU, after the ombudsman secured $200,000 in penalties against the union late last year.

The alleged incident

On 15 November 2024, the two officials allegedly entered the construction site of a new underground railway station at Woolloongabba – part of the Cross River Rail project.

The ombudsman alleged that Budgeon and Howard entered the site without authorisation and allegedly refused requests to leave the zone for approximately one hour, causing delays to work on the site.

FWO alleged that the officials breached sections 499 and 500 of the Fair Work Act by “failing to comply with occupational health and safety requirements”, and by “acting in an improper manner while exercising their right-of-entry permits on the site”.

‘Unacceptable’ and ‘unsafe’

Fair Work Ombudsman Anna Booth called the CFMEU officials’ alleged conduct “unacceptable” and “unsafe”.

“Union officials are provided rights under industrial laws, which can include rights to enter work sites, but they come with legal obligations to behave in a proper manner and meet health and safety requirements,” Booth said.

The FWO has filed two other court cases against the CFMEU, including litigation against the CFMEU and former Victorian secretary John Setka and another legal action against the CFMEU and officials Joel Shackleton and Gerald ‘Gerry’ McCrudden, each filed in 2025. These cases remain before the courts.

The Federal Circuit and Family Court has listed a directions hearing for the case in Brisbane for 25 May 2026.