Merkon Constructions was engaged to manage the refurbishment of the World Trade Centre site at Siddley Street, Melbourne. Merkon hired AAA Passive Fire Services (AAA Passive) to carry out the fire spraying of beams at the site.
On 27 July 2007, two employees of AAA Passive met with Merkon’s employee representative Mr Michael Dempster for the purpose of being inducted on the site.
On 27 July 2007, Michael Dempster took action against the two employees of AAA Passive with intent to coerce them to become members of the CFMEU and made false and misleading representations about their obligation to be or become members of the CFMEU.
On 3 August 2007, two employees of AAA Passive attended the site and met with Merkon’s “site peggy”, Mr Richard Henry, for the purpose of being inducted. One of these employees was not a member of the CFMEU.
On 3 August 2007, Richard Henry made false and misleading representations that the AAA employee had an obligation to be or become a member of the CFMEU.
On 12 November 2008, the court ordered by consent that:
- The parties file an agreed statement of facts by 14 November 2008.
- The proceeding be listed for determination of the question of penalty only on 27 March 2009 at 10am.
- The Court also vacated the directions hearing listed on 14 November.
An agreed statement of facts has now been filed.
On 27 March 2009 the Federal Magistrates Court handed down penalties of $1,000 each on Mr Dempster and Mr Henry for contravening the freedom of association provision of the Workplace Relations Act 1996.