Office of the Australian Building and Construction Commissioner

Allegations in the ABCC’s statement of claim

1. Westfield Design and Construction Pty Ltd was the head contractor at the Westfield Doncaster Shoppingtown Project in Doncaster, Victoria.
2. Westfield Design and Construction contracted a shop-fitting subcontractor to perform specialist shop-fitting services at the project.
3. On 12 March 2008 two employees of the subcontractor arrived at the project to commence work.
4. At the conclusion of their site induction the two employees were introduced to Mr Nick Salta. Mr Salta was the OH&S representative of the CFMEU on the site.
5. Mr Salta told the two employees they had to become members of the CFMEU before they could use the site amenities, including the rest area and the toilets.
6. Mr Salta also told the two employees that they would receive a higher rate of pay if they joined the CFMEU.

Alleged contraventions

7. The ABCC alleges that the CFMEU and Mr Salta made false and misleading representations to the employees regarding their obligation to be, or to become members of the CFMEU in contravention of s.790 of the Workplace Relations Act 1996 (WR Act).

ABCC Prosecution

8. The ABCC filed proceedings in the Federal Magistrates’ Court in Melbourne on 5 May 2009. The first directions hearing is scheduled for 1 June 2009.

Penalties

9. The maximum penalty that may be imposed for each contravention of the WR Act is $6,600 for an individual and $33,000 for an organisation.