Australian Paper Pty Limited owns and operates the Maryvale Paper Mill facility in Morwell, Victoria. In 2007-2008 Australian Paper undertook a large expansion project involving various building and construction works, known as the Pulp Mill Project (PMP).
On 23 November 2007, employees of four contractors engaged on the PMP left the site between 10.40 am and 11.15am and did not return to work that day.
The ABCC alleged that Mr Lee, Mr Mooney, Mr Dodd and the AWU, CEPU and AMWU by the conduct of their organisers, contravened the Workplace Relations Act 1996 and the Building and Construction Industry Improvement Act 2005. The respondents are alleged to have aided, abetted, counselled or procured the unlawful industrial action or were knowingly concerned in the unlawful industrial action.
Mr Lee and the AWU are alleged to have contravened the BCII Act by placing a ban on the performance of work at the site on 24 and 25 November 2007.