The Office of the Australian Building and Construction Commissioner (ABCC) has commenced proceedings against the Construction, Forestry, Mining and Energy Union (CFMEU), three of its officials and a construction company following alleged coercion, discrimination and the termination of a contract for a prohibited reason at the Brunswick Police Station site.
In November 2005, Walton Constructions Pty Ltd was hired to refurbish the Brunswick Police Station and engaged a subcontracting company to perform traffic management services at the site.
The ABCC alleges that on 16 November 2005, three CFMEU officials coerced Walton Constructions to terminate its contract with the subcontracting company because it engaged its employees on Australian Workplace Agreements (AWAs). Later that day, Walton Constructions terminated its contract with the subcontracting company.
On 28 November 2005, a CFMEU official allegedly intended to coerce the subcontracting company by demanding that it enter into a certified agreement with the CFMEU.
The ABCC alleges the CFMEU and its three officials breached the coercion provisions of the Building and Construction Industry Improvement Act 2005 (BCII Act) and the Workplace Relations Act 1996 (WR Act) and the discrimination provisions of the BCII Act. It is also alleged the CFMEU and its officials encouraged the termination of a contract for a prohibited reason, in breach of the WR Act.
Walton Constructions is alleged to have breached the discrimination provisions of the BCII Act and to have breached the WR Act by terminating the agreement with the subcontracting company based on a prohibited reason.
While unable to comment specifically on this matter as it is before the court, ABC Commissioner John Lloyd made the following statement:
“It is illegal to coerce, or attempt to improperly pressure a person to enter a workplace agreement in the building industry,” he said.
“Unlawful coercion will not be tolerated in the building and construction industry."
“Any building and construction industry participant who is being bullied or pressured is encouraged to contact the ABCC for advice and assistance.”