Adco Constructions (Victoria) Pty Ltd was the head contractor at a construction project located in Caulfield, Victoria.
On 7 March 2007, Adco terminated the services of an employee at the site, Mr Leigh Scott. The next day three CFMEU representatives and Mr Scott visited the site and held a meeting with employees engaged by two subcontractors at the site. Workers who attended this meeting did not perform work for the rest of the day.
The ABCC alleged that the CFMEU and its representatives, Danny Berardi and Robert Mates encouraged others to take unlawful industrial action and institute work restrictions, in contravention of the BCII Act. The ABCC further alleged that the CFMEU, Mr Berardi and Mr Mates contravened the Workplace Relations Act 1996 by encouraging industrial action before the nominal expiry date of an agreement.
On 9 February 2010 Justice Marshall handed down penalties of $5,000 to Robert Mates ($2,000 for taking unlawful industrial action and $3,000 for attempting to coerce the head contractor to reinstate an employee) and $40,000 to the CFMEU ($20,000 and $20,000 for the same breaches of the Building and Construction Industry Improvement Act 2005).