Allegations outlined in the ABCC’s statement of claim
The ABCC alleges Robert Mates refused to provide site induction for two subcontractor employees because they were not members of the CFMEU, resulting in the employees being unable to perform scheduled duties.
Background
1. In October and November 2010 D Zine Construction Group was the principal contractor for a building project located at 81 Lorimer Street, Docklands, Victoria.
2. D Zine enforced a practice where it required all persons engaged to perform work on a project to undergo a site induction prior to working at a project for the first time.
3. D Zine employed Robert Mates, a member of the CFMEU, as the site Occupational Health and Safety Representative.
4. In this role, Mr Mates was responsible for conducting or administering the site inductions.
First induction refusal
5. On 19 October 2010 a subcontractor employee attended the site for the first time, and met with Mr Mates to undergo site induction.
6. Mr Mates asked the subcontractor employee if he was a member of the CFMEU.
7. When Mr Mates was told the subcontractor was not a CFMEU member Mr Mates refused to conduct the induction, meaning the subcontractor employee was unable to perform work on the project.
Second induction refusal
1. On 22 November 2010 a subcontractor employee attended the site for the first time, and met with Mr Mates to undergo site induction.
2. Mr Mates asked the subcontractor employee if he was a member of the CFMEU.
3. When Mr Mates was told the subcontractor was not a CFMEU member Mr Mates refused to conduct the induction, meaning the subcontractor employee was unable to perform work on the project.
Alleged contraventions
4. The ABCC alleges that Mr Mates contravened s.346 of the Fair Work Act 2009 (FW Act) by taking adverse action against the subcontractor employees because they were not members of the union.
ABCC Civil Litigation Proceedings
5. The ABCC filed a statement of claim in the Federal Magistrates Court at Melbourne on 1 August 2011.
6. A first directions hearing will be held on 16 September 2011.
Penalties
7. The maximum penalty that can be imposed on Mr Mates for a contravention of the FW Act is $6600.