In February 2006 head contractor North East Developments Pty Ltd (North East) awarded a contract to Conform Australia Pty Ltd (Conform) to provide construction services at The Portico Plaza in Toongabbie. Conform engaged sub-contractors to work on the site.
It was alleged that in March 2006 North East Director Simon Symond required that Conform obtain CFMEU members and that this direction was repeated in May 2006.
It was further alleged that between 15 March and 11 April 2006 Conform offered inducements to employees to join the CFMEU and similar offers were made to independent contractors in May 2006.