Background
Allegations in the ABCC’s statement of claim
- In February 2006 head contractor North East Developments Pty Ltd awarded a contract to Conform Australia Pty Ltd to provide construction services at The Portico Plaza in Toongabbie.
- On 24 March 2006, Conform engaged a concreting subcontractor to carry out concrete placing and finishing work at the site.
- On 11 April 2006, CFMEU official Sammy Manna is alleged to have threatened a representative of the concreting subcontractor with bankruptcy if he continued work at the site without becoming a member of the CFMEU and CFMEU NSW.
Alleged contraventions
- All respondents are alleged to have breached the freedom of association provisions of the Workplace Relations Act 1996 (WR Act).
- Mr Manna is alleged to have threatened to organise or take action against the subcontractor’s employee with intent to coerce him to become a member of the unions in contravention of section 789 of the WR Act.
- The CFMEU and CFMEU NSW are alleged to be liable for the conduct of Mr Manna as their officer or agent.
ABCC Prosecution
- The ABCC filed proceedings in the Federal Magistrates Court at Sydney on 10 April 2008. The first directions hearing is scheduled for 9.30am on 30 May 2008.
Penalties
- The maximum penalties that may be imposed by the courts for a breach of section 789 of the WR Act are $6600 for an individual and $33,000 for an organisation.