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Wotherspoon v CFMEU, Stephenson and Slater


Applicant:
ABCC Inspector John Wotherspoon 
Respondent(s):
CFMEU, Gareth Stephenson, Harold Slater 
Date filed:
20 May 2009 
Outcome:

On 10 February 2010, Federal Magistrate Turner imposed a penalty of $25,000 on the CFMEU, $5,000 on Mr Stephenson and $1,000 penalty suspended for 12 months on Mr. Slater. The penalties were published on 22 March 2010.
Background:

Fulton Hogan Pty Ltd were engaged to undertake a road-widening project on the Monash Freeway between Jacksons Road and the South Gippsland Highway in South-East Melbourne.

On 30 April 2008 CFMEU Officer Mr Gareth Stephenson and Mr Harry Slater, a CFMEU representative employed by Fulton Hogan, addressed two meetings at the site. The meetings were attended by Fulton Hogan employees as well as employees of building contractors engaged by Fulton Hogan.

At the conclusion of the second meeting all or most of the employees failed to perform work on the site for the remainder of the day.

The ABCC alleged that the CFMEU, Mr Stephenson and Mr Slater engaged in and procured unlawful industrial action.