CFMEU Assistant Secretary Joe McDonald arrived on the site of building works at the Sunday Times building in Perth with four CFMEU organisers, after being informed a non-union member was working on the site.
Mr McDonald and the organisers met with the site manager, saying that the CFMEU would not allow the employee to remain on the site.
Mr McDonald then proceeded to a stop work meeting at the site.
The employee rang his managing director. A decision was made during that call to make a ‘strategic withdrawal’, resulting in the employee leaving the site at 1.15 pm, before the scheduled work was completed.
The ABCC alleges that the respondents took adverse action against the employee because he was not a member of the union.