Director of the Fair Work Building Industry Inspectorate v Michael McDermott & Ors
Court file number: SAD303/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Michael McDermott, Luke Stephenson, Muhammed Kalem, Derek Christopher.
Date filed: 14 November 2014
Alleged breach: Right of entry
A penalty decision was handed down on 22 April 2016. Penalties totalling $94,250 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 breaching right of entry provisions at the Art Apartments construction site in Adelaide.
FWBC alleges as follows:
On 5 May 2014, CFMEU officials Michael McDermott, Luke Stephenson, Muhammed Kalem and Derek Christopher all attended the Art Apartments site without providing an entry notice.
The officials refused to produce their permits to the Project Manager upon request and refused to leave the site.
When asked to leave the site because he and fellow officials had not provided the proper permits, the CFMEU’s Michael McDermott told the head contractor’s director: “You know we are going to do whatever we want to do”.
While site the officials also conducted 'safety walk' and spoke with workers.
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 $85,000, Mr McDermott $3,750, Mr Stephenson $2,500 and Mr Christopher $3,000. 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)