Case name
Director of the Fair Work Building Industry Inspectorate v CFMEU & Ors
Known as
South Australian Health and Medical Research Institute
Commonwealth Courts Portal reference and link

SAD219/2014

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMEU, Luke Stephenson, David Kirner, Aaron Cartledge
Date filed
4 September 2014
State/Territory
SA
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Date finalised
17 May 2017
Link to liability judgment

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 (20 November 2015)

Link to penalty judgment

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 414

Link to Federal Court appeal judgment

Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2017] FCAFC 77 (17 May 2017)

Summary of court decision

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

Penalties awarded against

Penalties awarded

CFMEU

$48,000

Aaron Cartledge

$3,750

Luke Stephenson

$1,750

David Kirner

$700

Total

$54,200

Total Penalties

$54,200