Office of the Australian Building and Construction Commissioner

Allegations in the ABCC’s Statement of Claim

• Becon Constructions Pty Ltd was the head contractor on a building site at the Epsom Village Centre in Epsom, Victoria.
• On 11 June 2008, Bendigo Scaffolding Pty Ltd submitted a quotation to Becon for bricklaying works at the site.
• On 20 June 2008, Becon and Bendigo Scaffolding entered into a contract for the bricklaying works valued at more than $100,000.
• On 23 June 2008, CFMEU organiser Jason Bell telephoned Bendigo Scaffolding’s director and told him Bendigo Scaffolding would not be starting at the site until it made an enterprise bargaining agreement with the CFMEU and all its employees joined the CFMEU.
• The following day, Mr Bell told Becon’s site foreman that Bendigo Scaffolding and its employees would not be starting work on the site unless they became members of the CFMEU and had an EBA with the CFMEU. Mr Bell told the site project manager on 25 June 2008 that he must not employ Bendigo Scaffolding.
• On 25 June 2008, Bendigo Scaffolding notified Becon that it had decided not to proceed with the contract to perform the work.
• As a result, Bendigo Scaffolding did not perform any work at the site and suffered loss and damage.

Alleged contraventions

• The ABCC alleges Mr Bell and the CFMEU contravened:
     
• Section 44 of the Building and Construction Industry Improvement Act 2005 (BCII Act) when Mr Bell threatened to take action against another person to coerce or place undue pressure on them to make an agreement under the Workplace Relations Act 1996 (WR Act); and
• Section 45 of the BCII Act when Mr Bell discriminated against Bendigo Scaffolding on the grounds that it did not have an agreement with the CFMEU

ABCC Prosecution

• The ABCC filed a Statement of Claim in the Federal Court at Melbourne on 22 September 2009.
• A directions hearing is scheduled for 1 December 2009.

Penalties

• The maximum penalties for a contravention of the BCII Act are $22,000 for an individual and $110,000 for an organisation.
• The ABCC is also seeking compensation for Bendigo Scaffolding totalling $51,592.90