Director of the Fair Work Building Industry Inspectorate v Aaron Cartledge & Ors
Court file number: SAD57/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Aaron Cartledge, Jim O’Connor, Brendan Pitt, David Bolton, Luke Stephenson, and the Construction, Forestry, Mining and Energy Union (CFMEU)
Date filed: 25 March 2014
Alleged breach: Coercion
- Respondents admitted liability prior to trial. A penalty hearing was conducted on 3 September 2014 and a penalty decision was delivered on 2 October 2014 with penalties totalling $152,000 imposed.
- Director of the Fair Work Building Inspectorate v Cartledge  FCA 1047
- For information on subsequent contempt proceedings against CFMEU official Jim O'Connor arising out of this case see here.
It is alleged that on 19 March 2014 CFMEU officials Jim O'Connor and Brendan Pitt, attended a construction site at 50 Flinders Street, Adelaide and held discussions with workers employed by Mitcon Formwork Pty Ltd without providing notice.
It is further alleged that at about 6am on 20 March 2014 CFMEU officials Jim O'Connor, Brendan Pitt, David Bolton and Luke Stephenson attended the site to hold discussions with workers without providing notice. It is alleged Hansen & Yuncken management told the officials not to enter the site but the officials entered the site and again held discussions with Mitcon workers.
It is alleged that at about 1pm on the same day CFMEU officials Aaron Cartledge, David Bolton, Jim O'Connor and Brendan Pitt attended the site again without providing notice to hold discussions with workers. It is alleged Hansen & Yuncken management told them not to enter the site and O'Connor and Pitt used physical force against a Hansen Yuncken site supervisor to gain access to the site where the officials held discussions with Mitcon workers.