On 20 June 2008, Bendigo Scaffolding entered into a contract for bricklaying works with Becon Constructions Pty Ltd, head contractor of the Epsom Village Centre building site in Epsom, Victoria.
It is alleged that on 23 June 2008, CFMEU organiser Jason Bell told the director of Bendigo Scaffolding the company could not start work at the site until it made an enterprise bargaining agreement with the CFMEU and all its employees became CFMEU members. It is alleged that on the following day Mr Bell told Becon’s site foreman the same and that on 25 June he told the site project manager not to employ Bendigo Scaffolding.
Bendigo Scaffolding notified Becon on 25 June that it had decided not to proceed with the contract.
The ABCC alleges that Bell and the CFMEU contravened ss.44 and 45 of the BCII Act by acting with intent to coerce Bendigo Scaffolding to enter into an enterprise agreement and by discriminating against that subcontractor after it refused to enter such an agreement.