Director of the Fair Work Building Industry Inspectorate v David Bolton and Ors
Court file number: SAD139/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Anthony Vitler & David Bolton.
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 $33,100 were imposed relating to this incident.
- Director of the Fair Work Building Industry Inspectorate v Stephenson  FCA 1432
FWBC alleges that two CFMEU officials, David Bolton (SA) and Tony Vitler (ACT), entered the Minda Homes Stage 1 construction site on 7 April 2014, and failed to produce a notice of entry or a permit. It is alleged when the pair were asked for a notice or permit, Bolton said words to the effect: ”It’s all okay, you don’t need to worry about that, it’s all organised.” “Don’t you worry about that, you’ve done your job, I’ll do mine.” It is alleged the pair were directed to wait while the Safety Officer was called and Bolton ignored the request and walked further in to the site.
It is alleged the Site Manager said to Bolton and Vitler words to the effect: “We haven’t received an Entry Notice and if you don’t have a notice you will have to leave the site” and Bolton said words to the effect: “I just want to talk with the guys in the lunch room.”
The Site Manager then allegedly said words to the effect: “Why are you doing it this way, we have no objection to union coming to the Site providing the correct notice is provided.”
It is alleged Bolton and Vitler repeatedly refused to leave the site when directed to do so and Vitler failed to produce authority documents when requested to do so by the Senior Construction Manager, and 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 Backgrounder - CFMEU official in court after abusing FWBC investigator (PDF - 261K) Media Release - CFMEU official in court after abusing FWBC investigator (PDF - 173K)