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Cruse v CFMEU and McLoughlin


Applicant:
ABCC Inspector Warren Cruse 
Respondent(s):
CFMEU, Adrian McLoughlin 
Date filed:
24 April 2008 
Outcome:

On 9 April 2009 a penalty of $11,000 half suspended for two years was imposed on Mr McLoughlin. A penalty of $27,500 was imposed on the CFMEU.

On 21 September 2010 Mr McLoughlin was ordered to pay the suspended component of his penalty in White v CFMEU & McLoughlin, for contravening s.38 of the Building and Construction Industry Improvement Act (2005).
Background:

The ABCC alleged that at about 10.30am on 25 September 2006, CFMEU official Adrian McLoughlin attended the Yarra Arts site and called the Yarra Arts employees to a meeting. It is alleged that following the meeting the majority of employees left the Yarra Arts site for the remainder of the day.

On 9 April 2009 the Federal Magistrates’ Court in Melbourne imposed penalties totalling $38,500 on the CFMEU and Mr McLoughlin. Both respondents admitted to contravening s.38 of the BCII Act by taking unlawful industrial action.