Case name
Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & ors
Known as
Lend Lease
Commonwealth Courts Portal reference and link

SAD300/2014

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

CFMEU, Mark Gava, Muhammed Kalem, Michael McDermott, Stephen Long, Luke Stephenson, John Lomax, Bill Beattie, Brett Harrison, Darren Roberts, James O’Connor.

Date filed
13 November 2014
State/Territory
SA
Breach(es) found
Coercion, Non-compliance with right of entry laws
Status
Finalised
Link to liability judgement

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293

Link to penalty judgement

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413

Link to Federal Court appeal judgement

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

Summary of court decision

On 20 November 2015, the court handed down its liability decision finding all alleged contraventions were proven. A penalty decision was handed down on 22 April 2016. Penalties totalling $494,150 were imposed on the respondents.

The respondents filed an appeal against the liability decision on 13 May 2016. The appeal hearings were on 2 & 3 March 2017.

On 17 May 2017 the Full Court dismissed the appeal (SAD128/2016).

FWBC commenced Federal Court proceedings against the CFMEU and ten of its officials for multiple breaches of the Fair Work Act on two Adelaide construction sites.

FWBC alleged as follows:

On 30 October 2013 five CFMEU officials entered the Flinders University construction site with provided entry notices. While on site they threatened the Site Supervisor that if he didn't fly the CFMEU flag on the crane they would stop the job. After the flag was flown on the crane, Mr Gava, Mr Kalem and Mr Lomax posed for photographs in front of it.

That same day six CFMEU officials entered the TAFE project site at Tonsley Park without providing notice. During a discussion with the site’s project manager, Mr Gava allegedly said words to the effect “We’re not going to be filling out right of entry notices…that’s come from the secretary” (referring to the Secretary of the CFMEU).

The officials in question were Luke Stephenson, John Lomax, Mohammed Kalem, James O’Connor, Bill Beattie, Michael McDermott, Stephen Long, Brett Harrison, Darren Roberts and Mark Gava.

Penalities

Penalties awarded against

Penalties awarded

CFMEU

$456,000

Michael McDermott

$9,700

Bill Beattie

$5,300

Stephen Long

$4,400

Mark Gava

$3,800

Mohammed Kalem

$3,750

Luke Stephenson

$3,000

John Lomax

$3,000

Darren Roberts

$2,200

James O’Connor

$1,800

Brett Harrison

$1,200

Total

$494,150

Total penalities

$494,150