Warren Cruse v Construction, Forestry, Mining and Energy Union (CFMEU) and Adrian McLoughlin

Applicant: ABCC Inspector Warren Cruse

Respondent(s): CFMEU, Adrian McLoughlin

Date filed: 24 April 2008

Court Findings:

The Federal Magistrates Court found that the CFMEU and CFMEU official Adrian McLoughlin contravened section 38 of the Building and Construction Industry Improvement Act (2005). Mr McLoughlin held a stop work meeting on 25 September 2006 at 10.30am at the Yarra Arts site in Melbourne after which the employees working at the site left for the remainder of the day.

Court Outcome:

On 9 April 2009, Federal Magistrate Turner imposed a penalty of $27,500 on the CFMEU and a penalty of $11,000 on Mr McLoughlin, with half of Mr McLoughlin’s penalty suspended until 1 May 2011.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2009/236.html