Brookfield Multiplex was the head contractor for the City Square construction site at 125 St Georges Terrace, Perth.
On 15 July 2009 Mr Joseph McDonald, CFMEU Assistant Secretary in Western Australia, visited the site and spoke with employees. The employees then left the site and failed to return for the remainder of the day.
The ABCC alleged the CFMEU, CFMEUW and Mr McDonald contravened s.38 of the Building and Construction Industry Improvement Act 2005 by being involved in unlawful industrial action.
On 22 January 2010 the Court made orders consolidating the ABCC's proceeding with Multiplex v McDonald. However prior to hearing, the parties to Multiplex v McDonald discontinued their proceeding by consent.
On 23 July 2010 Barker J found that Mr McDonald and the CFMEU were involved in unlawful industrial action, contravening s.38 of the BCII Act. The case against the CFMEUW was dismissed.