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Alfred v Conform Australia Pty Ltd & Ors


NSW , Backgrounder 

Release date: 28 May 2008 

Background

Allegations in the ABCC’s statement of claim

  • In February 2006 head contractor North East Developments Pty Ltd (North East) awarded a contract to Conform Australia Pty Ltd (Conform) to provide construction services at The Portico Plaza in Toongabbie.
  • In early February 2006, North East director Simon Symond informed Conform’s director that if Conform was awarded the contract, North East required that Conform must arrange for its employees and independent contractors to become members of the CFMEU and CFMEU NSW. The membership fees would be paid for by North East and Conform.
  • On 10 March 2006, Mr Symond informed Conform that they were required to enlist members for the CFMEU and CFMEU NSW.
  • Between 15 March 2006 and 11 April 2006, Conform’s director told the employees that Conform would pay their membership fees if they signed up to the CFMEU and CFMEU NSW. The employees became members of the unions.
  • On 25 May 2006, Mr Symond again informed Conform that they were required to enlist members for the CFMEU and CFMEU NSW.
  • On 25 May 2006, a Conform employee told 18 independent contractors that Conform would pay their membership fees if they signed up to the CFMEU and CFMEU NSW. The independent contractors became members of the unions.
Alleged contraventions
  • All respondents are alleged to have breached the freedom of association provisions of the Workplace Relations Act 1996 (WR Act).
  • Conform is alleged to have induced employees and independent contractors to become members of a union in contravention of section 794(1) of the WR Act.
  • North East and Mr Symond are alleged to have been involved in Conform’s actions, a party to or conspired with Conform to induce employees and independent contractors to become members of a union in contravention of section 794(1) of the WR Act.
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 29 May 2008.
Penalties
  • The maximum penalties that may be imposed by the courts for breach of section 794(1) of the WR Act are $6600 for an individual and $33,000 for an organisation.