The ABCC alleged that the CEPU and its official Peter Mooney contravened the Building and Construction Industry Improvement Act 2005 by engaging in unlawful industrial action, and the Workplace Relations Act 1996 by engaging in industrial action before the nominal expiry date of a collective agreement.
Baulderstone Hornibrook and United Group Limited combined to be the head contractor to build a water treatment plant at the Tarago Reservoir, in West Gippsland, and engaged Bell Wiggins Pty Ltd and Sensor Safe Pty Ltd to carry out electrical works on the project.
The ABCC alleged that on the morning of 13 February 2009 CEPU organiser Peter Mooney entered the site without notification, and held a meeting with employees in the car park.
It was alleged that immediately following the meeting eight of the Bell Wiggins employees and eight of the Sensor Safe employees failed or refused to perform work for the remainder of that day.