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White v CFMEU, Benstead and Beattie


Applicant:
ABCC Inspector Michelle White 
Respondent(s):
Gerard Benstead, William (Billy) Beattie, CFMEU 
Date filed:
31 March 2010 
Outcome:

On 19 August 2011 Federal Magistrate Riethmuller found Mr Benstead, Mr Beattie and the CFMEU contravened the right of entry provisions of the  Fair Work Act 2009 by their conduct at the Preston Pump Station Project in August 2009.  The Court imposed penalties totalling $13,000 on the three respondents.

Background:

The ABCC alleged that the CFMEU and officials, Mr Benstead and Mr Beattie contravened the Fair Work Act 2009 by hindering and obstructing, acting in an improper manner and misrepresenting the right to enter a site.

On 14 August 2009 Mr Benstead and Mr Beattie visited a construction project in Reservoir, managed by Baulderstone Pty Ltd. The officials refused to provide a right of entry notice and encouraged workers to stop work and hold discussions, disrupting work at the site. After they repeatedly refused to leave, Victoria Police attended and escorted Mr Benstead and Mr Beattie off the site.

    Court information

    Case Number: MLG469/2010

    Court Documents:

      Judgment 19/08/2011

    Media documents

    Backgrounder

  • 14/04/10- Backgrounder