White v Benstead, Beattie & Construction, Forestry, Mining, Energy & Union (CFMEU)

Applicant: ABCC Inspector Michelle White

Respondent(s):  Gerard Benstead, William (Billy) Beattie, CFMEU

Date filed:  31 March 2010

Court Findings: Mr Benstead contravened s500 the Fair Work Act 2009, Mr Beattie contravened s 503 of the FW Act and the CFMEU contravened both s500 and s503 by the actions of the two officials on 14 August 2009 when the officials visited a construction project at 833 High Street, Reservoir, managed by Baulderstone Pty Ltd.

The officials refused to provide a right of entry notice and encouraged workers to stop work and hold discussions, disrupting work at the site. After they repeatedly refused to leave, Victoria Police attended and escorted Mr Benstead and Mr Beattie off the site.

Court Outcome: On 19 August 2011 Federal Magistrate Riethmuller imposed a penalty of $2,000 on Mr Benstead, CFMEU, a penalty of $1,000 was imposed on Mr Beattie and a penalty of $10,000 was imposed on the CFMEU.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2011/920.html