1. Skip to navigation
  2. Skip to content

Wotherspoon v Brown


Applicant:
ABCC Inspector John Wotherspoon 
Respondent(s):
Robert Brown 
Date filed:
3 April 2009 
Outcome:

On 5 November 2009 the Federal Magistrates Court in Melbourne imposed penalties totalling $4000, half suspended for 12 months on Mr Brown for two contraventions of the Workplace Relations Act 1996.
Background:

Hickory Developments Pty Ltd was the head contractor at a construction site in Mount Alexander Road in Flemington, Victoria.

Hickory Developments contracted Austress Freyssinet Pty Ltd to carry out specialist works at the site.

On the morning of 14 February 2008 Austress engaged one new employee on the site and one other temporary worker through a labour hire firm.

Before commencing work at the site both workers attended a site induction that was carried out by Mr Robert Brown.

At the site induction Mr Brown told both workers that they were required to be members of the CFMEU before they could commence work at the site.

The ABCC alleged that Mr Brown contravened the freedom of association provisions of the Workplace Relations Act 1996.