The ABCC alleged that from 11 May to 18 May 2004 workers at the Herald Weekly Times site engaged in industrial action. The industrial action involved an initial 48 hour stoppage by employees after a concrete spill on site. Further, on 13 May 2004 under the direction of CFMEU union officials, John Setka and Alex Tadic, employees failed or refused to return to work in order to coerce the contractor to pay workers for the 48 hour stoppage and the following period of industrial action.
The respondents have admitted to contraventions of s.187AB of the pre-reform WR Act and signed an agreed statement of facts.