Worker forced to join

CFMEU faces allegations from Grand Central work site incident

A CFMEU official is facing legal action from the building industry watchdog for allegedly forcing a worker to join the union in Toowoomba, according to court documents.

The claim against site delegate Peter D’Arcy and the Construction, Forestry, Mining and Energy Union was lodged in the Federal Circuit Court by the Australia Building and Construction Commission last month.

It comes after Mr D’Arcy allegedly forced a worker at the Grand Central Shopping Centre site at Toowoomba to join and pay union fees on March 27, last year.

The statement of claim lodged by the ABCC alleges Mr D’Arcy told workers they had to be members of the CFMEU to work on the site.

In one instance he allegedly told a worker he would have to rejoin the union or he would

‘‘ YOU CAN’T WORK HERE, YOU’LL HAVE TO GO AND WORK SOMEWHERE ELSE. CFMEU DELEGATE PETER D’ARCY IS ALLEGED TO HAVE SAID

lose his job after the worker said he was no longer a member.

“The reason that I am here before the induction starts is to make sure that everyone is in the union,” Mr D’Arcy is alleged to have said.

The claim states the worker then asked: “What if I don’t join the union?”

“That’s fine, but you can’t work here, you’ll have to go and work somewhere else,” Mr D’Arcy is alleged to have said.

The ABCC claims the conduct contravenes the adverse action, coercion and misrepresentation provisions under the Fair Work Act.

The maximum penalty the CFMEU is facing is $54,000.

Mr D’Arcy could be forced to pay up to $10,800 if found guilty.

The matter will be heard in the Federal Circuit Court in Brisbane on April 30 at 9.30am. The CFMEU was contacted for comment.