In November 2005, the Department of Commerce NSW awarded a contract for the upgrade of Kiama High School, Kiama NSW. The head contractor subcontracted the painting work to an independent contractor (IC).
On 14 September 2006, CFMEU organiser Peter Primmer demanded that the head contractor not engage the IC because the IC was currently involved in a court action over unpaid wages. The proceeding had been commenced in April 2006 and was formally discontinued by the CFMEU (NSW) on 26 September 2006.
In October 2006 Primmer entered the Kiama site and allegedly advised or encouraged the head contractor’s foreman to stop the IC from continuing to work as the IC was involved in court proceedings. Primmer also allegedly threatened to stop the project if the IC continued to work.
On 3 November 2008 Federal Magistrate Cameron handed down declarations that the respondents breached s.800(1)(a) of the Workplace Relations Act 1996.
A penalty hearing took place on 2 March 2009.