The ombudsman also alleges Shackleton and McCrudden made unlawful misrepresentations during a “heated discussion” with two Marda Dandhi owners at the Victorian government’s Monash Freeway Upgrade Project construction site – the interaction that was caught on camera.

At the time, Marda Dandhi’ owners wrote to Premier Jacinta Allan in her former role as infrastructure minister, then-premier Daniel Andrews and then-federal opposition leader Anthony Albanese about the incident.

Allan did not respond until a year later, saying that industrial relations and subcontractor selection were the responsibility of contractor CPB.

Fair Work Ombudsman Anna Booth said the watchdog was seeking fines for multiple contraventions of the workplace laws, with the union facing penalties of up to $66,600 per breach and the two officials facing penalties of up to $13,320 per breach.

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“The type of unlawful, coercive and threatening behaviour we are alleging in this matter will not be tolerated,” Booth said.

The ombudsman launched court action against the CFMEU and former Victorian secretary John Setka in February over Setka’s alleged attempts to coerce the AFL into sacking umpiring chief and former Australian Building and Construction Commission boss Steve McBurney.

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