White v CFMEU, Benstead and Beattie

VIC , Backgrounder

Release date: 14 April 2010

Background

Allegations in the ABCC’s statement of claim

Baulderstone Pty Ltd was engaged as the head contractor at a project in Reservoir, Victoria, constructing a new water pumping station known as the ‘Preston Pump Project’.
During June 2009 CFMEU official Gerard Benstead attempted to gain entry to the project site. The site foreman denied Mr Benstead access as he did not provide an entry notice as required by s.487 of the Fair Work Act 2009 (FW Act).
Mr Benstead was verbally informed that Baulderstone would object to any further attempts by himself or any other CFMEU permit holder to enter the site unless 24 hours notice was provided in writing and other conditions of the FW Act were adhered to.
On 14 August 2009 Mr Benstead and another CFMEU official, Billy Beattie, attended the project site and attempted to enter.
Baulderstone’s security guard told Mr Benstead and Mr Beattie that they were not authorised to enter.
Despite this objection, the earlier objection made in June and the failure to provide a right of entry notice, Mr Benstead and Mr Beattie entered the project site.
When on the site Mr Benstead asserted that they did not have to give 24 hours notice to enter and that they could do whatever they wanted.
Mr Benstead and Mr Beattie spoke to a number of workers and identified themselves as being ‘from the union.’ They encouraged workers to stop work and hold discussions.
Mr Benstead and Mr Beattie attempted to hold discussions with employees while they were undertaking their work preparing for a large concrete pour.
Mr Benstead and Mr Beattie repeatedly refused requests from the General Site Manager to produce their authority documents.
Following their refusals Mr Benstead and Mr Beattie were repeatedly asked to leave the site by a number of senior Baulderstone employees. They refused to do so.
The Project Engineer called Victoria Police and reported the union officials’ unlawful presence at the project site. Two members of Victoria Police attended and eventually escorted Mr Benstead and Mr Beattie off the site.

Alleged Contraventions

The ABCC alleges that the CFMEU, Mr Benstead and Mr Beattie contravened the following sections of the FW Act on 14 August 2009:

s.500 - Hindering and obstructing while seeking to exercise rights as a permit holder;
s.500 – Acting in an improper manner while seeking to exercise rights as a permit holder; and
s.503(1) – Misrepresenting the right to enter the premises and hold discussions.