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Australian Building and Construction Commissioner
CFMEU, Luke Stephenson, David Kirner, Aaron Cartledge
On 20 November 2015, the Federal Court handed down its liability decision finding all alleged contraventions were proven. A penalty decision was handed down on 22 April 2016 with penalties totalling $54,200.
An appeal against the liability decision was filed by the respondents on 13 May 2016. The Full Court dismissed the appeal (SAD129/2016) on 17 May 2017.
FWBC launched proceedings in the Federal Court against the CFMEU, SA State Secretary Aaron Cartledge and officials David Kirner and Luke Stephenson for allegedly breaching right of entry provisions on an Adelaide construction site.
FWBC alleged as follows:
On 11 November 2013 Mr Stephenson entered the SAHMRI construction site without providing the required 24 hours’ notice. The Project Manager called Mr Cartledge who said that Mr Stephenson would be attending the site without notice and his purpose for entering was to hold a meeting with workers. Mr Stephenson ignored the site management’s directions not to enter the site.
On 22 November, Mr Kirner entered the site without providing notice to hold discussions with workers regarding an enterprise agreement and self-harm risk, as well as investigate allegations of underpayments. Mr Kirner also ignored directions not to enter the site.
FWBC successfully alleged that through the above action the officials contravened right of entry provisions under the Fair Work Act.
|
Penalties awarded against |
Penalties awarded |
|
CFMEU |
$48,000 |
|
Aaron Cartledge |
$3,750 |
|
Luke Stephenson |
$1,750 |
|
David Kirner |
$700 |
|
Total |
$54,200 |
$54,200