Australian Building & Construction Commissioner v Robert Anthony Mates
Court file number: MLG1077/2011
Applicant: Australian Building & Construction Commissioner
Respondent(s): Robert Mates
Date filed: 1 August 2011
Alleged breach: Adverse action
- On 5 June 2012, the Court imposed total penalties of $3,500 on Mr Mates for contraventions of s.346 of the FW Act.
- Director of the Fair Work Building Industry Inspectorate v Mates  FMCA 475 (5 June 2012)
In October and November 2010 D Zine Construction Group was the principal contractor for a building project located at 81 Lorimer Street, Docklands, Victoria.
D Zine employed Robert Mates, a member of the CFMEU, as the site Occupational Health and Safety Representative.
In this role, Mr Mates was responsible for conducting or administering the site inductions.
The ABCC alleges that on 19 October 2010 and 22 November 2010 Mr Mates refused to induct subcontractor employees, meaning they were unable to perform work on those days.
The ABCC alleges that Mr Mates contravened s.346 of the Fair Work Act 2009 by taking adverse action against the subcontractor employees because they were not members of the union.