Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors
Known as
Kathleen Syme Library and Community Centre
Commonwealth Courts Portal reference and link

VID523/2014

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, Theo Theodorou, Harris HMC Interiors (VIC) Pty Ltd, Carmelo Silvestro, Shanne Darker, Jason Dwyer.
Date filed
5 September 2014
State/Territory
VIC
Alleged breach(es) at time of filing
Coercion
Status
Current
Summary at time of filing

The ABCC* commenced proceedings in the Federal Court against the CFMEU, CFMEU official Theo Theodorou, building company Harris HMC Interiors, and Harris HMC Interiors employees Jason Dwyer, Shanne Darker and Carmelo Silvestro.

In a statement of claim filed in the Federal Court, the ABCC alleges:

Harris HMC Interiors (Vic) Pty Ltd engaged a subcontractor to perform demolition works for the redevelopment of the Kathleen Syme Library and Community Centre in Carlton, Victoria.

CFMEU official Theo Theodorou told the subcontractor that because it was “working in the city, it needed to obtain an enterprise agreement with the CFMEU."

The subcontractor met with Mr Theodorou and Shaun Reardon, Assistant Secretary of the Victorian Branch of the CFMEU, later that month, and was told: “You work in the city so you have to have an enterprise agreement and you should sign this now”.

Harris Interiors told the subcontractor that if it did not sign the enterprise agreement with the CFMEU it would “get other employees that are covered by an enterprise agreement to finish the job” and charge the subcontractor for those costs.

Harris Interiors subsequently prevented the subcontractor’s employees from working at the site because it did not have an enterprise agreement with the CFMEU.

The ABCC alleges the CFMEU, Mr Theodorou, Harris Interiors and several of its employees contravened the Fair Work Act by attempting to coerce and discriminate against the subcontractor because it did not have an enterprise agreement with the CFMEU.

*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.

Current ABCC case URL

Australian Building and Construction Commissioner v CFMEU & Ors