The building watchdog has lodged new proceedings against unionist Joe McDonald, its second in as many days, for alleged unlawful industrial action at the Herdsman Business Park site.
The Australian Building and Construction Commissioner today said it had filed a statement of claim in the Perth Magistrates Court for alleged breaches against the Workplace Relations Act and the Building and Construction Industry Improvement Act by Mr McDonald.
The alleged breaches centre on Herdsman Business Park, where Diploma Constructions (WA) was head contractor.
The ABCC allege that in February 2008, Mr McDonald told Diploma's site manager that all workers on the project needed to be CFMEU members, adding there was already an agreement between the two parties.
The site manager replied that there was no such agreement and shortly thereafter, Mr McDonald called a meeting of subcontractors where he called on non-union members to raise their hands, of which five or six did so.
The ABCC then claimed that Mr McDonald asked if any of the workers opposed joining the union, of which one worker said he did.
The ABCC allege that Mr McDonald said to the worker to "find somewhere else to work. You can go join the housing industry. So everyone else here who doesn't oppose the union will be joining the union?"
During the meeting, Mr McDonald said the site was going to be closed down because there were not enough amenities or toilets and the scaffolding was not safe.
Following the meeting, the Mr McDonald and two other CFMEU officers instructed workers at the site to stop and leave, leaving all but four at the site.
The ABCC then claim that the Diploma site manager told Mr McDonald that he had arranged for additional chemical toilets to be supplied, to which Mr McDonald replied with "I don't care, the men are going back to work".
A directions hearing for the proceeding is scheduled for next month.
It follows another ABCC proceeding lodged on Friday in the Perth Federal Court over Mr McDonald's alleged role in unlawful industrial action at the City Square project in July last year.
Today's proceedings may see Mr McDonald be fined up to $22,000 if he is found to be guilty, while the CFMEU could cop a $110,000 fine.
