The ABCC alleged that on 12 September 2006, Mr Jason Deans, a CFMEU shop steward, told a carpenter, a labourer and an excavator operator on the CSL Parkville Morgan Facility construction site in Parkville Victoria that they needed to be financial members of the CFMEU before they could begin work.
The ABCC alleged Mr Dean:
made false and misleading statements about the obligation of each of the workers to join the union;
took action that directly prejudiced the employment of two of the workers; and
threatened to take action against the excavator operator with intent to coerce him to become a member of the union.
The ABCC further alleged that the CFMEU is liable for Mr Deans' conduct.
This matter was originally listed as Martino v CFMEU & Deans
Decision
On 4 August 2008, the court decided Mr Deans and the CFMEU contravened the following provisions of the Workplace Relations Act 1996 (WR Act):
s.789 of the WR Act - taking action against Gauci with intent to coerce him to become a member of the CFMEU
s.790 of the WR Act – making a false or misleading representation to Gauci that he had to be a member of the CFMEU before he would be permitted to work on site
s.797(3)(f) of the WR Act – directly injuring Galea in his employment by requiring him to settle outstanding membership fees which led to a delay for him to begin work.
The court also decided that false or misleading representations about the obligation to join an industrial association are not a breach of s.790 of the WR Act where persons such as Galea are already members of the industrial association.