L.U. Simon was engaged to manage the Aquavista building project at 401 Docklands Drive, Docklands in Victoria.
On 13 September 2006, L.U. Simon entered into a contract with Axiom Design to supply and install a glass barrier and steel handrail to the level 15 mezzanine stairs at the Aquavista site.
Some time after 13 September 2006, Axiom subcontracted the work out to Mr Peter Vanderkley. Mr Vanderkley’s business had two employees.
On 6, 9 and 22 March 2007, L.U. Simon refused Mr Vanderkley and his employee entry to the site. The reason, or part of the reason, for refusal on each occasion was that Mr Vanderkley did not have a workplace agreement with the CFMEU.
On 22 March 2007, L.U. Simon varied Axiom's contract so that it no longer required them to install the barrier and handrail.
L.U. Simon admitted:
- discriminating against Mr Vanderkley on the ground that he did not have a particular kind of industrial instrument, being a workplace agreement, in contravention of s.45 of the Building and Construction Industry Improvement Act 2005 (BCII Act).