Director of the Fair Work Building Industry Inspectorate v David Bolton & Ors
Court file number: SAD140/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): David Bolton, Michael Huddy and CFMEU
Date filed: 13 June 2014
Alleged breach: Right of entry
- The Federal Court found that this action was part of a coordinated and strategic campaign to break the law. Fines of $27,600 were imposed relating to this incident.
- Director of the Fair Work Building Industry Inspectorate v Stephenson  FCA 1432
FWBC has alleged that CFMEU officials David Bolton (SA) and Mick Huddy (NT) entered the Minda Homes Stage 1 construction site in Adelaide on 31 March 2014, and at the time of entry, Bolton and Huddy had not provided Badge Constructions Pty Ltd, the head contractor on the project, with an appropriate entry notice.
It is alleged when Bolton was told Badge did not have a notice for Bolton and Huddy to enter the site, he said words to the effect: “I don’t need one for this; I’m just here to talk to members.” It is alleged Bolton and Huddy were requested to show their entry permits but did not.
Two Badge employees allegedly asked Bolton and Huddy to leave the site using words to the effect: “I am instructing you to leave.” “It’s time to leave, get off site.” “We need you to leave.” “No, you don’t have a right of entry for being here, we have to ask you to leave.”
It is alleged Bolton and Huddy had discussions with workers who were performing work at the time, and remained on Site for almost an hour after they were asked to leave. They were then escorted off site.
FWBC is alleging that Bolton and Huddy breached right of entry laws by acting in an improper manner. It is further alleged that Bolton’s statements were intended to give the impression, or were reckless as to whether the impression was given, that his actions were allowed under the Fair Work Act when his actions were not allowed.
Media release: Media release - Coordinated and strategic law-breaking costs CFMEU and organisers $205,100 (PDF 70KB) Media Release - CFMEU official in court after abusing FWBC investigator (PDF - 173K) Media Backgrounder - CFMEU official in court after abusing FWBC investigator (PDF - 261K)