White v CFMEU and McLoughlin

Applicant: ABCC Inspector Michelle White

Respondent(s): CFMEU & Adrian McLoughlin

Date filed: 13 July 2009

Court Findings: The Federal Magistrates Court of Australia found that on 19 February 2008 Mr McLoughlin contravened s38 of the BCII Act when he visited the Alto Apartments site on St Kilda Road, Melbourne, Victoria and directed employees of a contractor on the site to cease work and take industrial action. A concrete pour that was scheduled to take place was disrupted as a result of the employees stopping work.

Court Outcome: On 21 September 2010 Federal Magistrate Burchardt imposed a penalty of $38,500 on the CFMEU and a penalty of $7,700 was imposed on Mr McLoughlin. Mr McLoughlin was also ordered to pay an earlier suspended penalty of $5,500 handed down in Cruse v CFMEU & McLoughlin.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2010/693.html