Director of the Fair Work Building Industry Inspectorate v Luke Stephenson & Ors
Court file number: SAD138/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Luke Stephenson, Troy Smart & 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 $27,700 were imposed relating to this incident.
- Director of the Fair Work Building Industry Inspectorate v Stephenson  FCA 1432
FWBC has alleged that CFMEU officials Luke Stephenson (South Australia) and Troy Smart (Western Australia) attended the Resthaven aged care facility construction project at 336 Kensington Rd, Leabrook, without providing the contractor with an entry notice.
Stephenson allegedly requested permission to enter the site and said words to the effect: “We want to enter the site to have a look around and chat to the guys.” After being refused permission because they had not given 24 hours’ notice as required by law, Stephenson called the Operations Manager for Kennett Pty Ltd, the head contractor, and allegedly said words to the effect: “We just want to go onto site.”
The operations manager refused permission and said words to the effect: “Look Luke, I have no problems with your visit, if you have your right of entry notice, then I have no dramas.” “You are not to go on site, give me the notice and all will be good.”
It is alleged Stephenson said words to the effect: “Regardless of Kennett’s stance, we’re going on site anyway, and if you like you can walk us through.” It is alleged Stephenson and Smart were advised that if they entered the site, they would be breaching laws and procedures, and they then entered the site where they remained for approximately 30 minutes.
FWBC alleges Stephenson and Smart breached right of entry laws by acting in an improper manner.
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)