John Wotherspoon v Construction, Forestry, Mining, Energy & Union (CFMEU), Gareth Stephenson and Harold Slater

Applicant: ABCC Inspector John Wotherspoon

Respondent(s): CFMEU, Gareth Stephenson, Harold Slater

Date filed: 20 May 2009

Court Findings:  The CFMEU, Mr Stephenson and Mr Slater engaged in and procured unlawful industrial action on 20 April 2008 when Mr Stephenson and Mr Slater addressed two meetings at the site. The meetings were attended by Fulton Hogan employees as well as employees of building contractors engaged by Fulton Hogan.

At the conclusion of the second meeting all or most of the employees failed to perform work on the site for the remainder of the day.

Fulton Hogan Pty Ltd were engaged to undertake a road-widening project on the Monash Freeway between Jacksons Road and the South Gippsland Highway in South-East Melbourne.

Court Outcome: On 10 February 2010, Federal Magistrate Turner imposed a penalty of $25,000 on the CFMEU, $5,000 on Mr Stephenson and $1,000 penalty suspended for 12 months on Mr Slater.


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