Westfield Design and Construction Pty Ltd was the head contractor at the Westfield Doncaster Shoppingtown Project in Doncaster, Victoria.
Westfield Design and Construction contracted a shop-fitting subcontractor to perform specialist shop-fitting services at the project.
On 12 March 2008 two employees of the shop-fitting subcontractor arrived at the project to commence work.
At the conclusion of their site induction the two employees were introduced to Mr Nick Salta. Mr Salta was the OH&S representative of the CFMEU on the site.
Mr Salta told the two employees they had to become members of the CFMEU before they could use the site amenities, including the rest area and the toilets. Mr Salta also told the two employees that they would receive a higher rate of pay if they joined the CFMEU.
The ABCC alleged that Mr Salta contravened the freedom of association provisions of the Workplace Relations Act 1996.
The Respondents admitted contraventions and reached agreed penalties with the ABCC.