Case name
Director of the Fair Work Building Industry Inspectorate v David Bolton & Ors
Known as
Southern Expressway Duplication
Commonwealth Courts Portal reference and link

SAD59/2015

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMEU, David Bolton, Michael Huddy, Brendan Pitt
Date filed
State/Territory
SA
Breach(es) found
  • Non-compliance with right of entry laws
Status
Finalised
Link to liability judgement

Director, Fair Work Building Industry Inspectorate v Bolton (No 2) [2016] FCA 817

Link to Federal Court appeal judgement

Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] FCA 1475

Link to High Court appeal judgement

Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 (28 October 2016)

Summary of court decision

On 19 July 2016 the Federal Court handed down penalties totalling $60,000 on the respondents. At the same time, the Federal Court handed down its decision to refuse the CFMEU’s interlocutory application to withdraw its admissions in relation to liability under s.793 of the Fair Work Act.

On 28 October 2016 the High Court dismissed applications filed by the respondents seeking review of the Federal Court decision to refuse the interlocutory application to allow the CFMEU to withdraw its admissions.

FWBC launched proceedings against the CFMEU and three of its officials, David Bolton, Mick Huddy and Brendan Pitt, in the Federal Court of Australia for breaching right of entry provisions.

It was alleged that on 29 April 2014, the officials entered the Southern Expressway Duplication Project site in South Australia without giving notice of entry. While on site, it was alleged that:

The three officials went to the site’s crib shed area where approximately 150-200 workers were present for a tool box meeting and attempted to hold discussions with workers.

Mr Bolton, Huddy and Pitt were given directions to leave the site.

When the Operation Manager asked the respondents why they were on site, Mr Bolton replied “We just want to have a meeting with the members” and “We are just here to talk to members, once we have done that I’ll come and see you and then leave”. Mr Bolton was then advised by the Operation Manager that the Police would have to be called.

When the Operation Manager asked the respondents to leave the site, Mr Pitt replied “No I’m here to speak to CFMEU members”.

When the Operation Manager again asked the respondents to leave the site as they had not provided a proper right of entry permit, Mr Huddy said “No I am not leaving”.

Mr Bolton, Huddy and Pitt did not leave the site until two police officers escorted them off the site.

Penalties

Penalties awarded against

Penalties awarded

CFMEU

$50,000

David Bolton

$4,000

Brendan Pitt

$4,000

Michael Huddy

$2,000

Total

$60,000

Total penalties

$60,000