Union tries to ‘force’ Plaza tradie to sign up

The Australian Building and Corruption Commission has taken legal action against the CFMMEU and its delegate over an issue at a Sunshine Plaza worksite.

The incident is alleged to have occurred at the Sunshine Plaza during its redevelopment. Photo: Patrick Woods

THE Australian Building and Corruption Commission has taken legal action against the CFMMEU and its delegate James Fissenden over an issue at a Sunshine Plaza worksite.

The ABCC has alleged that in March this year the CFMMEU and Mr Fissenden threatened to prevent a shopfitter from working at the Plaza site in Maroochydore until he joined the union, according to court documents.

At the time of the alleged conduct, the shopping centre was undergoing an extension that involved the construction of about 80 new retail tenancies.

The worker had been engaged by a shop fitting company that was undertaking fit outs for four

retailers at the site.

In a statement of claim filed in the Federal Court in Brisbane, the commission alleges that on March 8 Mr Fissenden asked the shop fitting company's director for a list of workers rostered for the weekend so he could "get approval".

Mr Fissenden later allegedly had a conversation with a shopfitter, asking if he was a member of the union.

The commission alleges Mr Fissenden told the shopfitter "I remember you now. You were that cheeky f---ing little c--- who refused to be part of the union".

"You're a grubby little c---. I remember tearing your papers up," Fissenden was alleged to have said.

It's alleged Mr Fissenden then continued the conversation with the director of the shop fitting company saying "I'm not going to approve you to work Sunday until this grubby little c--- joins the union".

"Unless we get $625.20, I am going down to me office now, in the next 15 minutes, you will not be working on Sunday," he allegedly said.

Mr Fissenden allegedly threatened to prevent the shop fitting company from undertaking work at the site on March 10 until the worker's union fees were paid.

The commission alleges that other workers employed by the shop fitting company were only allowed to work on March 10 after the company paid the $625.20 CFMMEU membership fee.

It's alleged the conduct in the case contravened the coercion and adverse action provisions in the Fair Work Act.

The maximum penalty for a contravention under the Fair Work At is $63,000 for a body corporate and $12,600 for an individual.

The Daily has contacted CFMMEU for comment.

Originally published as Union tries to ‘force’ Plaza tradie to sign up