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  1. You are here:
  2. Legal cases
  3. John Wotherspoon v CFMEU & Ors
finalised

John Wotherspoon v CFMEU & Ors

Back to Legal cases
Case name
John Wotherspoon v CFMEU & Ors
Known as
John Wotherspoon v CFMEU & Ors
Commonwealth Courts Portal reference and link
VID936/2008
Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • Elia Spernovasili, Troy Gray, Derek Christopher, Adrian McLoughlin, Matt Hudson
Date filed
12 November 2008
State/Territory
VIC
Breach(es) found
  • Unlawful industrial action
Status
Finalised

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        • FWBC Annual Report 2014–15
          • Fair Work Building and Construction
          • Letter from Nigel Hadgkiss
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          • FWBC Director’s Foreword
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          • Letter from the Australian National Audit Office
          • Financial Statements Table of Contents
          • Statement by the Chief Executive and Chief Financial Officer
          • Statement of Comprehensive Income
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          • Statement of Changes in Equity
          • Cash Flow Statement
          • Schedule of Commitments
          • Administered Schedule of Comprehensive Income
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          • Administered Reconciliation Schedule
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            • Note 1: Summary of Significant Accounting Policies
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            • Note 3: Net Cash Appropriation Arrangements
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            • Note 5: Own-Source Income
            • Note 6: Fair Value Measurement
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            • Note 8: Non-Financial Assets
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            • Note 11: Cash Flow Reconciliation
            • Note 12: Contingent Assets and Liabilities
            • Note 13: Senior Management Personnel Remuneration
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            • Note 15: Financial Assets Reconciliation
            • Note 16: Administered – Expenses
            • Note 17: Administered – Income
            • Note 18: Administered – Financial Assets
            • Note 19: Administered – Cash Flow Reconciliation
            • Note 20: Administered – Contingent Assets and Liabilities
            • Note 21: Administered – Financial Instruments
            • Note 22: Administered – Financial Assets Reconciliation
            • Note 23: Appropriations
            • Note 24: Reporting of Outcomes
            • Note 25: Budgetary Reports and Explanations of Major Variances
          • Appendix 1: FWBI Act Annual Report Requirements
          • Appendix 2: Compliance Index
          • Appendix 3: List of Acronyms and Abbreviations
          • Appendix 4: Glossary
        • FWBC Annual Report 2013-14
          • Fair Work Building & Construction
          • Letter of Transmittal
          • Reader's Guide
          • The Year at a Glance
          • FWBC Director's Foreword
          • FWBC at a Glance
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          • Overview
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          • Compliance Powers - Background
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          • Independent Auditor's Report
          • Financial Statements - Table of Contents
            • Statement By the Chief Executive and Chief Financial Officer
            • Statement of Comprehensive Income
            • Statement of Financial Position
            • Statement of Changes in Equity
            • Cash Flow Statement
            • Schedule of Commitments
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            • Administered Schedule of Comprehensive Income
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            • Administered Reconciliation Schedule
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            • Schedule of Administered Contingencies
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          • Appendix 1
          • Appendix 2
          • Appendix 3
          • Appendix 4
        • FWBC Annual Report 2012–13
          • COPYRIGHT
          • LETTER OF TRANSMITTAL
          • FWBC DIRECTOR'S FOREWORD
          • ROLE OF FWBC
          • OUTCOME AND PROGRAM
          • CORPORATE AND OPERATIONAL PLANNING
          • ORGANISATIONAL STRUCTURE
          • FWBC BUSINESS GROUPS
          • OVERVIEW
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            • COMMUNICATING TO INDUSTRY
          • FWBC INVESTIGATIONS
            • ANALYSIS OF INVESTIGATIONS
            • WAGES AND ENTITLEMENTS
          • THE BUILDING CODE FOR THE CONSTRUCTION INDUSTRY
          • COMPLIANCE POWERS
          • PENALTY PROCEEDINGS
          • SUBMISSIONS AND INTERVENTIONS
          • NATIONAL RECORD KEEPING, PAYSLIPS AND BASE ORDINARY WAGE AUDIT
          • CALD CAMPAIGN
          • FWBC WEBSITE REDEVELOPMENT
          • KNOW YOUR WORTH
          • CORPORATE GOVERNANCE
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            • ETHICAL STANDARDS
            • CHANGES TO DISABILITY REPORTING IN ANNUAL REPORTS
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          • FINANCE AND BUSINESS SERVICES
            • FINANCIAL MANAGEMENT
            • CONSULTING SERVICES
            • ADVERTISING AND RESEARCH
          • ACCOUNTABILITY
          • HUMAN RESOURCES
            • LEARNING AND DEVELOPMENT
            • SALARIES AND CLASSIFICATIONS
            • STAFFING STATISTICS
            • WORK HEALTH AND SAFETY
          • TABLE OF CONTENTS
          • STATEMENT BY THE DIRECTOR, OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE (FWBII) AND CHIEF FINANCIAL OFFICER
          • STATEMENT OF COMPREHENSIVE INCOME
          • BALANCE SHEET
          • STATEMENT OF CHANGES IN EQUITY
          • CASH FLOW STATEMENT
          • SCHEDULE OF COMMITMENTS
          • SCHEDULE OF CONTINGENCIES
          • ADMINISTERED SCHEDULE OF COMPREHENSIVE INCOME
          • ADMINISTERED SCHEDULE OF ASSETS AND LIABILITIES
          • ADMINISTERED RECONCILIATION SCHEDULE
          • ADMINISTERED CASH FLOW STATEMENT
          • SCHEDULE OF ADMINISTERED COMMITMENTS
          • NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
          • APPENDIX 1
          • APPENDIX 2
          • APPENDIX 3
          • APPENDIX 4
          • APPENDIX 5
          • APPENDIX 6
        • ABCC Annual Report 2011–12
          • Foreword
          • Role of the ABCC
          • Outcome and program
          • CORPORATE AND OPERATIONAL PLANNING
          • Organisational structure
          • Overview
          • ABCC Education Activities
            • Enquiries
            • Presentations
            • Site visits
            • COMMUNICATING TO INDUSTRY
          • ABCC Investigations
            • Wages and entitlements
            • Sham contracting
          • The National Code of practice for the Construction Industry
          • COMPLIANCE POWERS
          • Penalty Proceedings
          • Submissions and interventions
          • CORPORATE GOVERNANCE
            • Security and risk management
            • CHANGES TO DISABILITY REPORTING
            • ECOLOGICALLY SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PERFORMANCE
            • RECONCILIATION ACTION PLAN
          • FINANCE AND BUSINESS SERVICES
            • ASSETS MANAGEMENT
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            • CONSULTING SERVICES
            • CONTRACTS
            • Grant Programs
            • ADVERTISING AND RESEARCH
            • Information Technology
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            • Judicial Review
            • Freedom of Information
          • People, Learning & Culture
            • Workplace arrangements
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          • INDEPENDENT AUDITOR'S REPORT
          • STATEMENT BY THE ACTING DIRECTOR OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE (FWBII) AND CHIEF FINANCIAL OFFICER
          • Statement of comprehensive income
          • BALANCE SHEET
          • Statement of changes in equity
          • Cash Flow Statement
          • Schedule of commitments
          • Schedule of contingencies
          • ADMINISTERED SCHEDULE OF COMPREHENSIVE INCOME
          • Administered Schedule of Assets and Liabilities
          • Administered Reconciliation Schedule
          • Administered Cash Flow Statement
          • ADMINISTERED SCHEDULE OF COMPREHENSIVE INCOME
          • Notes to and forming part of the financial statements
          • APPENDIX 1
          • APPENDIX 2
          • APPENDIX 3
          • APPENDIX 4
          • APPENDIX 5
          • APPENDIX 6
          • APPENDIX 7
        • FWBC Annual Report 2011–12
          • Copyright
          • Letter of transmittal
          • FWBC Chief Executive's foreword
          • Role of FWBC
          • Outcome and program
          • Corporate and Operational Planning
          • Organisational structure
          • FWBC Business groups
          • Overview
          • FWBC education activities
            • Enquiries
            • Presentations
            • Site visits
            • Communicating to industry
          • FWBC Investigations
            • Wages and entitlements
            • Sham contracting
          • The National Code of practice for the Construction Industry
          • Compliance Powers
          • Penalty Proceedings
          • Submissions and interventions
          • Corporate Governance and Accountability
            • Security and risk management
            • Reconciliation action plan
            • Changes to disability reporting
            • Ecologically sustainable development and environmental performance
          • Finance and business services
            • Assets Management
            • Purchasing
            • Consulting Services
            • Contracts
            • Grant Programs
            • Advertising and Research
            • Information Technology
          • External scrutiny
            • Judicial Review
            • Freedom of Information
          • People, Learning & Culture
            • Workforce planning
            • Learning and Development
            • Workplace arrangements
            • Salaries and Classifications
            • Staffing statistics
            • Work Health and Safety
          • Independent Auditor's Report
          • Statement by The Acting Director Office of The Fair Work Building Industry Inspectorate (FWBII) and Chief Financial Officer
          • Statement of comprehensive income
          • Balance Sheet
          • Statement of changes in equity
          • Cash Flow Statement
          • Schedule of commitments
          • Schedule of contingencies
          • Administered Schedule of Comprehensive Income
          • Administered Schedule of Assets and Liabilities
          • Administered Reconciliation Schedule
          • Administered Cash Flow Statement
          • Notes to and forming part of the financial statements
          • Appendix 1
          • Appendix 2
          • Appendix 3
          • Appendix 4
          • Appendix 5
          • Appendix 6
      • Quarterly Reports
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      • Agency Multicultural Plan
      • Review of the Building and Construction Industry (Improving Productivity) Act 2016
      • ABCC highlights report - Australian Public Service Employee Census 2021
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    • Industry updates
      • Industry Update - April 2021 Edition
      • Industry Update November-December 2019 edition
        • ABCC 2018-19 Annual Report now available
        • Court summary: Penalties
        • Court summary: new matters
        • Fitness for work
        • Labour market testing
        • Message from the Commissioner
        • Right of Entry
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      • Industry Update - July 2019 edition
        • ABCC recovers $1 million in workers’ wages
        • Court summary: new matters
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        • Fitness for work audit findings now available
        • Help to ensure your enterprise agreement undertaking is Code compliant
        • Message from the Commissioner
        • Minimum wage increase – make sure you are paying the right rate
        • New requirements for right of entry permits
        • Securing payments for subcontractors
      • Industry Update February - March 2019
        • Court summary: finalised matters
        • Court summary: new matters
        • Fitness for work audits underway
        • Labour market testing audits commenced
        • Message from the Commissioner
        • Rallies – what are your rights and obligations?
        • Tell us how we can improve our WRMP form
        • Tell us what you think of Industry Update
        • Upcoming education and compliance campaigns
      • Industry Update November - December 2018
        • ABCC campaign boosts security of payment reporting
        • ABCC launches wages and entitlements compliance campaign in labour hire sector
        • ABCC recent cases
        • ABCC welcomes two new Deputy Commissioners
        • About this edition
        • BCIIP review: ABCC achieving role of impartial full-service regulator
        • Compliance with Work Health and Safety Laws
        • Court summary: New matters
        • DMG issued formal warning following Building Code breach
        • Greater support for industry
        • Message from the Commissioner
      • Industry update September - October 2018
        • ABCC info night kicks off week long subcontractor payment campaign in northern NSW
        • ABCC launches new website
        • ABCC recent cases
        • About this edition
        • Court summary: New matters
        • Failure to report disputed or delayed payments now a breach of the Code
        • Message from the Commissioner
        • Wages recovered for workers following audit
      • Industry update June - July 2018
        • About this edition
        • Are you paying your workers correctly?
        • Court summary: finalised matters
        • Court summary: new matters
        • Education and awareness raising a key focus for the ABCC
        • Information at your fingertips
        • Message from the Commissioner
        • Security of payments – nation-wide campaign commences
        • Zero tolerance for drugs and alcohol on construction sites
      • Industry Update April-May 2018
        • About this edition
        • Advice and assistance on Building Code compliance
        • Are you being paid correctly?
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        • Court summary – new matters
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        • High Court rules in favour of ABCC on personal payment orders
        • Interlocutory injunction granted at $900 million site
        • Message from the Commissioner
      • Industry Update November - December 2017
        • ABCC marks first anniversary
        • About this edition
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        • High Court update
        • Message from the Acting Commissioner
        • Reporting security of payment matters
        • Summary of recent right of entry permit activity
      • Industry Update September - October 2017
        • About this edition
        • Annual report - significant outcomes by the ABCC in 2016-17
        • Court summary – finalised matters
        • Court summary – new matters
        • Message from the Acting Commissioner
        • Streamlined process for resubmission of enterprise agreements
        • Summary of recent right of entry permit activity
        • The first year of the 2016 Code
        • Wages and Entitlements
      • Industry Update July - August 2017
        • Court summary - finalised matters
        • Court summary - new matters
        • Message from the Commissioner
        • New Building Code 2016 Eligibility Rules and Evidence
        • Summary of recent Right of Entry Permit activity
        • About this edition
      • Industry Update - May - June 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Building Code 2016 – Progress Update
        • Building work to which the Code applies
        • ABCC at Senate Estimates
        • About this edition
      • Industry Update March - April 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Summary of recent Right of Entry Permit activity
        • Building Code 2016 – Additional assistance / Security of Payments
        • About this edition
      • Industry Update - January-February 2017
        • Message from the Commissioner
        • Court summary: finalised matters
        • Building Code 2016 – How to expedite your assessment
        • ABCC at Senate Estimates
        • About this edition
      • Industry update - November-December 2016
        • About this edition
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