Director of the Fair Work Building Industry Inspectorate v Michael McDermott & anor
Court file number: SAD306/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Michael McDermott, Derek Christopher, James O’Connor and Luke Stephenson.
Date filed: 14 November 2014
Alleged breach: Right of entry
A penalty decision was handed down on 22 April 2016. Penalties totalling $146,250 were imposed on the respondents.
Director of the Fair Work Building Industry Inspectorate v O’Connor  FCA 415
FWBC has commenced proceedings in the Federal Court against the CFMEU and four of its officials for contravening right of entry provisions and engaging in coercion on the Quest Apartments site in Adelaide.
FWBC alleges as follows:
The officials walked on to the site with providing a notice of entry. Once on the site, the union officials tried to gain entry to a further section of the project, however they were prevented from walking further onto site by the construction manager, who stood in a doorway.
Mr Christopher used his elbow and shoulder to push the site’s project manager away from a doorway that provided access to the site’s main building.
When on the site Mr O'Connor unlawfully coerced the site manager to let him and the other officials speak to workers on the site. The officials distributed union pamphlets prior leaving the site.
On 22 April 2016 the Federal Court issued orders in relation to this and six other cases stemming from unlawful conduct on building sites across Adelaide in 2014. For this matter, the CFMEU was fined $131,500, Mr McDermott $3,750, Mr Stephenson $4,500 and Mr Christopher $6,500. Penalties handed down for the seven cases totalled $937,100.
For more information please view the document(s) attached below.
Media release: Media release - CFMEU in Federal Court for alleged law-breaking on 5 Adelaide construction sites (PDF 63KB) Media release - $937,100 in penalties imposed on CFMEU for unlawful conduct across Adelaide (PDF 163KB)