CFMEU prosecuted for turning away electrician, apprentice

The union is facing court for allegedly preventing electricians from working because they were not union members.

The CFMEU are in court for allegedly turning away an electrician and apprentice for not being members. Picture: Glenn Hampson

The construction union is facing court for allegedly preventing an electrician and apprentice from working on a Melbourne site because they were not union members.

The Australian Building and Construction Commission claims CFMEU shop steward, Kevin Pattinson, banned the duo from working on the Monash Peninsula student accommodation project in Frankston on September 13 last year.

Electrician Trent Dorrington and third year apprentice Peter Rabi had been engaged to install solar panels at the Multiplex project.

According to the ABCC’s statement of claim, Mr Pattinson approached the men during a site induction and asked them: “Are you union? Do you have a ticket for your fees? Have you paid your fees?”

Mr Dorrington replied: “No, we’re not a union-based company so we don’t have our ticket”.

Mr Pattinson responded: “If you don’t have your card you are not working on the site”.

“Everyone’s sort of fair around here,’’ he allegedly said. “If you guys aren’t paying your fees and everyone else on the site is unionised and has paid fees, it’s not fair for you guys to work on the site. 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, say like Lendlease of Multiplex, you’re going to need to have your union ticket.”

When Mr Dorrington said they had worked on Lendlease sites before, Pattinson allegedly replied: “Yeah, Lendlease was just an example. If you guys don’t have your ticket, you’re not working on this site.”

Both workers left the induction and Mr Dorrington called his employer, Brendan Laidlaw, the director of the subcontracting company, telling him “we’ve been kicked off the site because … we’re not union”.

Mr Laidlaw called Mr Pattinson to ask why the workers had been prevented from working on the project and Mr Pattinson said “they don’t have the correct papers”.

When Mr Laidlaw asked what papers he wanted, Mr Pattinson allegedly hung up without answering.

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 the Construction, Forestry, Maritime, Mining and Energy Union and $12,600 for Mr Pattinson.