The *ABCC launched proceedings in the Federal Circuit Court against construction company Devine Constructions, its General Manager Michael Tucker and two of its employees allegedly discriminating against a steel fabrication company because it did not have a CFMEU enterprise agreement.
In a statement of claim filed in the Federal Circuit Court, the ABCC alleges:
- Devine Constructions stopped the steel fabrication company from performing work when it had a contract to do so, and refused to engage the steel fabrication company for other work.
- Devine Constructions’ project manager Wayne Sengelman told two of the steel fabrication company’s workers who turned up on site to perform work that “You guys aren’t allowed to do any work here… They are not going to let you on site to do any work because you don’t have a union EBA”.
- Mr Sengelman had also circulated an email to his colleagues containing an email and an attachment from the CFMEU titled “Signed EBA Companies As at 12 June 2013” in an apparent instruction to not engage companies that did not have a CFMEU enterprise agreement.
- When the steel fabrication company tendered for a second package of works on the project later in the year, Devine Constructions’ Contracts Administrator Andrew Blore told a project manager from the company “We would like you to do the job but you don’t have an [union] EBA Agreement” and “We’ve had problems with the union on the entire job”. Mr Tucker decided not to award the company the tender.
It is alleged that through the actions above Devine Constructions, Mr Tucker, Mr Blore and Mr Sengelman discriminated against the steel fabrication company in contravention of the Fair Work Act 2009.
*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.