Bovis Lend Lease Pty Ltd (BLL) had implemented a swipe-card access system known as "Blue Glue" on Australian building sites since mid-2007. In 2008, BLL was head contractor for the four major construction sites in Melbourne.
A barbeque was held at Dockland’s Park for BBL employees on 23 May 2008. It is alleged that CFMEU and CEPU organisers urged workers not to use the Blue Glue system at this barbeque. At the conclusion of the barbeque employees voted not to return to work that day in protest at Blue Glue.
On 5 August 2008, about 40 organisers of the CFMEU and CEPU, attended the BLL Royal Children Hospital Project. The organisers told workers that they should leave work and gather round the Flemington Road Gate at the site. They distributed flyers and told BLL management that they wanted the Blue Glue system turned off. Many of the workers did not attend for work at the site on this day.
CFMEU and CEPU organisers were among 150-300 employees gathered outside the ANZ Project site on 14 August 2008. The organisers directed the employees not to attend work and instead attend proceedings at the AIRC between BLL and the CFMEU and CEPU. The majority of the employees departed to attend the AIRC proceedings. A concrete pour scheduled for 10am that morning was disrupted by CFMEU organisers and others who linked arms to stop two concrete trucks entering the site.
An AIRC order banning industrial action by the CFMEU and CEPU on BLL sites was in effect on 28 August 2008. On this morning BLL announced that the Docklands Projects were open and that guards would swipe employees in and out of the site. CFMEU organisers allegedly told 250-300 employees of BLL and its subcontractors that BLL was locking them out. At a meeting of the organisers and the employees a motion was passed that workers go home until Monday morning. The organisers and employees then marched to BLL’s head office in Bourke St, Melbourne.
Also on 28 August 2008, approximately 200 BLL employees allegedly left the site and did not return to work in protest over the Blue Glue system. CFMEU President Ralph Edwards and Vice President Frank O’Grady, CFMEU organisers Matt Hudson and Mr Reardon, and CEPU organisers Kevin Fitzgerald, and Wes Hayes allegedly trespassed on the site on this day and directed employees to down tools.
The ABCC alleged that whilst acting in their capacity as officers of the CFMEU and CEPU, or with the authority of the CFMEU and CEPU, on 23 May 2008, 5 August 2008, 14 August 2008, and 28 August 2008, Mr Spernovasilis, Mr Gray, Mr Christopher, Mr McLoughlin and Mr Hudson breached s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by aiding and abetting unlawful industrial action.
On 22 September 2008, the respondents had agreed to admit to breaching the BCII Act on 23 May, 5 August, 14 August and 28 August 2008. On 18 June 2009, the respondents formally admitted the breaches in the court proceedings.