The Australian Building and Construction Commissioner has filed a claim in the Federal Magistrates Court against WA union boss Joe McDonald over industrial action at 140 William Street.
The ABCC alleges that Mr McDonald and the Construction Forestry Mining and Energy Union engaged unlawfully in strike action by facilitating work-bans and stoppages at the one40 site on four occasions between January and August 2009.
In a statement the ABCC said that Mr McDonald met 130 workers in the crib room on the site on January 19 after they complained about a concrete pour.
The workers voted on a proposal not to go ahead with the pour which was scheduled for 6am the following day.
After a vote by a show of hands Mr McDonald advised Crown Construction and Probuild employees that they weren't to go ahead with the work which was then delayed for several days.
On a second occasion the ABCC alleges Mr McDonald complained to Probuild that riggers employed to work during the evening on the site could not do the job because they weren't covered by a current enterprise bargaining agreement.
On a third occasion it's alleged a proposed concrete pour on the site was suspended by Probuild because of high winds and intermittent rain.
On the same day Mr McDonald met with employees who left the site without resuming work.
The fourth breach occurred in August 2009 when the toilets on the construction site stopped working.
Mr McDonald again met with workers and told them they shouldn't go back to work for four days.
The ABCC alleges that the CFMEU and Mr McDonald contravened the Building and Construction Industry Improvement Acts 2005 by engaging in unlawful industrial action.
A directions hearing in the case is set down for September 30.
Mr McDonald faces a fine of $22,000 while the CFMEU could be fined $110,000.
