A Melbourne painting and decorating company and the CFMEU are facing court over claims they told a worker he could not work for them unless he joined the union.
Fair Work Building and Construction alleges that in March 2014, Arteam director Michael Hanna and CFMEU officer Goodwin Farrugia told the worker he would not be allowed to work on the Tullamarine Quest Apartments site unless he was a paid up member of the CFMEU.
When the worker requested that he be given a month to pay the outstanding fees because of other financial issues, Mr Farrugia allegedly told him he could only give him two days to pay.
He also allegedly told the worker that the CFMEU could "close" the site and prevent others from working if he remained on-site without paying the membership fees.
The worker left and did not return to the site.
FWBC director Nigel Hadgkiss said mandatory union membership is against the law.
"The CFMEU has repeatedly said that it always acts in the best interests of workers ... however in this case the union prevented the worker from doing his job," Mr Hadgkiss said in a statement on Friday.
"Closed shop" practices have no place in the building industry, he added.
The matter is set to be heard at a case management hearing on June 3.
The CFMEU has been contacted for comment.
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