The CFMEU blocked two workers from entering a Melbourne building site because they hadn't paid their union fees and worked for a company that didn't have an agreement with the union, Fair Work Building and Construction says.
FWBC is taking Federal Court action against the CFMEU over the November 2013 incident at a CBD apartment construction site.
It says two employees of a rope-access sealing company were blocked from entering the site, holding up building work and denying the company any payment, an action it says contravenes the Fair Work Act.
FWBC says a CFMEU official, Nick Karamitos, the site's occupational health and safety representative, blocked the two workers from entering.
It alleges this was in part on advice from CFMEU Victorian branch vice-president Derek Christopher.
FWBC says the workers' union dues were a month late at the time.
The pair had refused to pay because the CFMEU's Victorian branch president, Ralph Edwards, had refused to meet with their company to set up an enterprise agreement.
FWBC director Nigel Hadgkiss said in a statement on Tuesday there could be fines up to $10,200 for an individual and $51,000 for a union found guilty of such a breach of the Fair Work Act.
"It is disheartening to hear reports of yet another instance where a CFMEU safety representative appears to be primarily focused on union membership dues," Mr Hadgkiss said.
"This case also highlights workers losing their ability to do their job because of discrimination."
Comment has been sought from the CFMEU.
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