The CFMMEU is facing court for alleged contraventions of the adverse action and misrepresentation provisions in the Fair Work Act.

It comes after an electrician and apprentice were allegedly stopped from working on a site because they were not union members.

The Australian Building and Construction Commission (ABCC) has commenced proceedings in the Federal Court against the CFMMEU and its shop steward, Kevin Pattinson, for the alleged incident on a Melbourne site last year.

Both workers were employed by a solar electrical subcontractor on site.

The ABCC alleges the electrician and apprentice attended a site induction when Mr Pattinson approached both workers and questioned whether they were part of a union.

“Are you union? Do you have a ticket for your fees? Have you paid your fees?” Mr Pattinson allegedly asked.

The electrician replied the company was not union-based company and therefore they did not have a ticket.

Mr Pattinson then allegedly told them they would not be working on the site if they didn’t don’t a union card.

“So, I am going to ask you guys to leave. You guys have to get off site. Here’s a hot tip. If you want to work on a big site like this…, you’re going to need to have your union ticket,” Mr Pattinson allegedly said.

Following this conversation both workers left the induction and the electrician called their employer, the director of the subcontracting company, and said words to the effect “we’ve been kicked off the site because… we’re not union”.

When the director called Mr Pattinson to ask why the workers had been prevented from working on the project the following conversation allegedly occurred:

Mr Pattinson: They don’t have the correct papers.

Director: Well, what papers do you want?

Mr Pattinson then terminated the call without providing a response.

As a result of the conduct of Mr Pattinson, the electrician and apprentice were prevented from working on site that day.

The ABCC is alleging contraventions of the adverse action and misrepresentation provisions in the Fair Work Act. The maximum penalty per contravention is $63,000 for a body corporate and $12,600 for an individual.

AREEA welcomes the ABCC continuing with active investigation and prosecution of workplace law breaches.

As a consistent supporter of the ABCC since it was first recommended by the Cole Royal Commission in 2003, AREEA will be reiterating industry’s support for the regulator’s retention ahead of the 2019 Federal Election

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