Fair Work Building & Construction (FWBC) launched the legal action following the alleged incident in June, when Polyseal Waterproofing (WA) was performing building works at the Fiona Stanley Hospital project.
According to FWBC, Polyseal had organised for FWBC to meet with workers to deliver a training presentation about their workplace rights and obligations.
But it alleges that on June 19, Buchan demanded that Polyseal cancel the FWBC presentation scheduled for later that day.
It is further alleged that Buchan threatened Polyseal that “if the meeting went ahead, it would have serious repercussions on Polyseal and serious repercussions on the Fiona Stanley project”
FWBC says Polyseal then cancelled the presentation.
FWBC is seeking penalties against the CFMEU and Buchan for alleged breaches of sections 340 and 343 of the Fair Work Act 2009 – on the basis that Buchan, and in turn the CFMEU, sought to coerce Polyseal to not exercise its workplace right of seeking FWBC assistance.
FWBC filed the matter in WA’s Federal Court of Australia on December 19.