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ABCC v Stephenson, Smits and CFMEU


Applicant:
Australian Building and Construction Commissioner  
Respondent(s):
Gareth Stephenson, Rob Smits, CFMEU 
Date filed:
7 December 2010 
Status:

A trial took place between 13 September 2011 and 15 September 2011. Whelan FM reserved her decision. On 22 December 2011 FM Whelan judgment was handed down, dismissing the ABCC’s Application.
Outcome:

On 22 December 2011 FM Whelan judgment was handed down, dismissing the ABCC’s Application
Background:

The ABCC alleges that Mr Stephenson, Mr Smits and the CFMEU contravened the Building and Construction Industry Improvement Act (2005) by imposing a ban or limitation on work at the site, and the Fair Work Act (2009) by taking action with the intent to coerce employees on site to join the CFMEU.

The ABCC alleges Mr Stephenson attended the site at Grantville, Victoria, and with the assistance of Mr Smits the site OHS representative, directed the employees to stop work stating they must be members of the CFMEU in order to continue working.