The ABCC has commenced Court action against the CFMMEU and its delegate Jason Bushnell alleging they took adverse action against two employees of a subcontractor by preventing them from working at the Brisbane South State Secondary College project because they were not union members.
It is further alleged Mr Bushnell falsely represented to both employees that they had to be CFMMEU members to work on the project.
The new $140 million school in Dutton Park, which opened in January 2021, will have the capacity to accommodate more than 1,600 students from year 7 to 12 when construction is completed in 2026.
In its statement of claim, the ABCC alleges:
· On 11 May 2021, two employees of a subcontractor engaged to paint structural steel arrived on site to commence works.
· After completing a site induction, the employees were met by Mr Bushnell who asked if they were members of the union.
· Later that morning, Mr Bushnell approached one of the employees outside the site office and said words to the effect of: Sorry, you can't work here. You have to be a member.
· Mr Bushnell then had a conversation with both employees to the following effect:
Mr Bushnell: I'll just call the office. All you have to do, just go to our office in Brisbane, become members, and then you can go and do your work.
Employee: So is that the only issue? If we just become members we can do the work?
Mr Bushnell: Yes, you can.
Employee: Fine. If that's the only issue, we will do it.
· The employees drove to the CFMMEU office where they waited for 45 minutes only to be told that someone would call them later.
· Upon returning to the project, one of the employees requested to meet with Mr Bushnell and had the following exchange with him:
Mr Bushnell: No, I don't want to come down. I don't want to see you. There's nothing else to talk about.
Employee: Well, what do you want me to do? What do you expect me to do?
Mr Bushnell: Someone will contact you in regards to that, one of the organisers.
Employee: I was there. No one talked to me. I was there 45 minutes and now I'm back here. I don't have any
