Background
Allegations as outlined in the ABCC’s statement of claim filed on 21 September 2010. The allegations may change during the course of the proceeding.
- The ABCC has filed a new proceeding in the Federal Court in Melbourne, alleging that the CFMEU and delegate John Constantinou engaged in unlawful conduct, including taking action intended to coerce workers into joining the union and make an EBA.
- JP Carpentry was engaged by Lorna Jane Pty Ltd to undertake refurbishments of their outlet at the Chadstone Shopping Centre in Victoria.
- On 5 October 2009 Mr Constantinou addressed JP Carpentry workers including its proprietor, asking if they were members of the union.
- The proprietor and another worker said words to the effect of ‘No, we’re not. Do we need to be?’
- After this Mr Constantinou asked the proprietor of JP Carpentry to follow him to a nearby carpark, where he said words to the effect of ‘I’m sick and tired of you f***ers coming down here and expecting the same benefits as us. If you don’t join the union, you won’t get on site or I’ll shut the site down’.
- Later that day Mr Constantinou addressed a group of inductees including the JP Carpentry workers.
- Mr Constantinou said words to the effect of ‘This is a union site. For those people that owe fees, I happen to have my book. For those that are not in the union, I happen to have my receipt book.
- Mr Constantinou then went specifically to the JP Carpentry workers, saying words to the effect of ‘what’s it going to be fellas?’ The proprietor paid CFMEU membership fees on behalf of himself and his two workers.
- On 13 October 2009, in response to an enquiry, Mr Constantinou was informed by the proprietor of JP Carpentry it did not have an Enterprise Bargaining Agreement (EBA).
- Mr Constantinou again threatened to shut the site down unless they agreed to enter into an EBA.
Alleged Contraventions
- The ABCC alleges that the CFMEU and Mr Constantinou contravened:
- s.44 of the Building and Construction Industry Improvement Act (2005) (BCII Act) by taking action intended to coerce JP Carpentry into making an enterprise agreement
- s.349 (1)(a) of the Fair Work Act 2009 (FW Act) by making a false or misleading representation about the workers’ obligation to join the union s.348 of the FW Act by threatening to organise or take action against JP Carpentry workers with the intent to coerce them into joining the union
- s.346 (a) of the FW Act by taking adverse action against the JP Carpentry workers on the basis that they were not members of the union.
ABCC Prosecution
- The ABCC filed a statement of claim in the Federal Court at Melbourne on 21 September 2010.
- A directions hearing is scheduled for 15 October 2010.
Penalties
- The maximum penalties for contravention of the BCII Act are $22,000 for an individual or $110,000 for an organisation.
- The maximum penalties for a contravention of the FW Act are $6,600 for an individual and $33,000 for an organisation.