Background
As alleged in the ABCC’s statement of claim
- On or about 14 May 2007, Kingston Plant Hire Victoria Pty Ltd contracted earthmoving work on the Austin Hospital site in Heidelberg, Victoria to Wayne Martin of Martin’s Earthmoving.
- On 15 May 2007, Mr Martin attended the Site and was inducted by the Kane Constructions site Manager. Mr Martin was not a union member.
- On completing the induction, Mr Martin began work. It is alleged that CFMEU organisers Brendan Pitt and Robert Mates approached Mr Martin and asked him if he was considering being a member of the CFMEU. Mr Martin replied that he had considered it but did not want to join the union.
- Mr Pitt and Mr Mates then allegedly told Mr Martin that in order to keep working on the Austin Hospital site he needed to pay up the union membership fees immediately. It is alleged that Mr Martin was told that if he did not pay the union membership, he could not work on the site and had to leave the site immediately.
- Mr Pitt and Mr Mates allegedly said that if Mr Martin paid up the union membership he could work on any building site.
- The conversation between Mr Pitt, Mr Mates and Mr Martin was interrupted by Kane Constructions’ site management. It is alleged that site management required Mr Pitt and Mr Mates to leave the site as they had not followed the right of entry procedure. Mr Pitt and Mr Mates left shortly after this request.
Alleged contraventions
- It is alleged that Mr Pitt, Mr Mates and the CFMEU, by the conduct of its organisers, made false and misleading statements to Mr Martin in contravention of s.790 of the Workplace Relations Act 1996.
ABCC proceeding
- The ABCC filed proceedings in the Federal Magistrates Court at Melbourne on 12 May 2008. The first directions hearing is scheduled for 13 June 2008 at 9.30am.
Maximum penalties
- The maximum penalties that may be imposed by the courts for each false and misleading statement is $6,600 for an individual and $33,000 for the union.