Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors
Known as
Melbourne University College Project
Commonwealth Courts Portal reference and link

VID881/2017

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMMEU, Mario Raspudic, Mark Travers
Date filed
8 August 2017
State/Territory
VIC
Alleged breach(es) at time of filing
Coercion
Status
Current
Summary at time of filing

The ABCC commenced proceedings against the CFMEU and two of its representatives, Mario Raspudic and Mark Travers, for allegedly preventing non-financial members of the union from working at the Melbourne University College project.

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

  • Threats were made by CFMEU delegate Mario Raspudic to “shut the whole site down” at the University College project unless a worker became a member of the union;
  • During the induction Mr Raspudic asked workers whether they were members of the CFMEU;
  • Raspudic told a worker words to the effect that if the he did not get his union ticket “fixed up” he could not work on the site;
  • Following the induction, Mr Raspudic allowed a union member to start work but prevented two non-financial members from working;
  • Both workers later commenced work at the site after each had paid a membership fee to the CFMEU;
  • Mr Raspudic approached a worker and said words to the effect: “You can’t do any work until you join up with the union” and grabbed a worker’s laptop and attempted to pull it from his grasp during a short struggle; and
  • CFMEU official Mark Travers threatened a contractor on the project that unless it paid "union rates" it could not continue its contract on the site.

The ABCC alleges the conduct in this case contravenes the adverse action, misrepresentation and coercion provisions of the Fair Work Act.

Related content
Legal action against CFMEU for allegedly threatening to shut down Melbourne project
Current ABCC case URL

Australian Building and Construction Commissioner v CFMEU & Ors