Director of the Fair Work Building Industry Inspectorate v Michael McDermott & ors
Court file number: SAD304/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Michael McDermott, Derek Christopher.
Date filed: 14 November 2014
Alleged breach: Right of entry
A penalty decision was handed down on 22 April 2016. Penalties totalling $66,750 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 two of its officials, Michael McDermott and Derek Christopher, for contravening right of entry provisions.
FWBC alleges as follows:
On 6 May 2014 Mr McDermott and Mr Christopher entered the Quest South Apartments site in Adelaide without having provided a notice of entry.
When challenged by the site management the officials stated they were onsite to speak with the workers of a subcontractor about their CBUS accounts. The officials refused to produce their right of entry permits when asked, and ignored site management’s questions as to why no notice had been provided.
Site management told the officials to leave the site. The officials refused and walked further on into the site and spoke with the 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. The CFMEU was fined $60,000, Mr McDermott $3,750 and Mr Christopher $3,000. Penalties handed down for the seven cases totalled $937,100.
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)