Yes, it's unlawful to require a union EBA for a construction project!

A recent decision in a penalty hearing before the Federal Circuit Court serves as a warning for construction companies of the potential risks when subcontracting on unionised construction sites.

The first respondent, J Hutchinson Pty Ltd (Hutchinson) was a construction company responsible for the construction of a high-rise residential project on the north side of Brisbane. Hutchinson employed the second respondent, Mr Hawley, as a contracts administrator. Hutchinson also employed the third respondent, Mr Berlese, as a team leader. Mr Hawley reported to Mr Berlese.

Before tendering for tiling works, Hutchinson received an unsolicited phone call from C & K Tiling Pty Ltd (C & K). C & K provided Hutchinson with a quote to complete the tiling works and the parties entered into negotiations. During the course of these negotiations, Hutchinson, via Mr Hawley, queried whether C & K had an EBA. C & K responded that they did have an EBA in place and no further discussion