Background
Allegations as outlined in the ABCC’s statement of claim filed on 21 April 2011. The allegations may change during the course of the proceeding.
1. On 9 July 2010 George Bollas was the occupational health and safety representative at several Brookfield Multiplex Construction Pty Ltd (BMCPL) Building the Education Revolution (BER) sites in Victoria, and a member of the CFMEU.
2. BMCPL subcontractor Tarron Constructions Australia engaged Glenview Contractors and Systematic Constructions Pty Ltd to perform carpentry work for a BER project at Penders Grove, Victoria.
3. Between 6.30am and 7.30am on 9 July 2010 a Glenview Contractors worker and a Systematic Constructions worker arrived at the site, undergoing a site induction and completing a Job Safety Analysis for their work.
4. At about 8.30am Mr Bollas approached the workers, to ask if they were union members.
5. When the workers replied that they were not, Mr Bollas said words to the effect of;
“Well, sounds like we’ve got a problem then.
It’s compulsory to be in the union to work on this Site and you can pack up your tools and go unless you join;”
One of the workers replied that he was not going to join, as it was not compulsory. Mr Bollas then said words to the effect of:“If you guys don’t want to join the union, I’ll shut down all the other school sites Multiplex is running and sit everyone in the sheds until you boys become union members.”
Alleged Contraventions
6. The ABCC alleges Mr Bollas contravened:
- s.346 (a) of the Fair Work Act 2009 (FW Act) by taking adverse action against another person because they were not a member of a union; in the alternative, s.346 (b) of the FW Act by taking adverse action against another person because they proposed not to become a member of the union;
- s.348 of the FW Act by threatening to take action against another person with intent to coerce them to join a union; and
- s.349 (1)(a) of the FW Act by knowingly or recklessly making a misleading statement about a person’s obligation to join a union.
ABCC Prosecution
8. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 21 April 2011.
9. A first directions hearing is scheduled for 30 May 2011.
Penalties
10. The maximum penalties for a contravention of the FW Act are $6600 for an individual and $33,000 for an organisation.