On or about 14 May 2007, Wayne Martin of Martin’s Earthmoving was contracted to perform earth works on the Austin Hospital site in Heidelberg Victoria.
On 15 May 2007, Mr Martin attended the Austin Hospital site and was inducted onto the site. Mr Martin stated that he was not a union member.
On completing the induction, Mr Martin began working on the site. CFMEU organisers Brendan Pitt and Robert Mates approached Mr Martin and allegedly asked if he was considering being a member of the CFMEU. Mr Martin replied that he had considered it but did not want to join the union
Mr Pitt and Mr Mates then allegedly told Mr Martin that in order to keep working on the site he needed to pay up the union membership fees immediately. Mr Martin was allegedly told that if he didn't he could not continue working on site and had to leave immediately.
It is alleged that Mr Pitt and Mr Mates then said that if Mr Martin paid up the union dues he could work on any building site.
The conversation between Mr Pitt, Mr Mates and Mr Martin was interrupted by Kane Constructions' site management. Kane Constructions then required Mr Pitt and Mr Mates leave the site. They left shortly after this request.
In these proceedings the ABCC alleges that Mr Pitt, Mr Mates and the CFMEU, by the conduct of its organisers, made false and misleading statements to Mr Martin in contravention of s.790 of the Workplace Relations Act 1996.