In 2007, Wycombe Constructions Pty Ltd (Wycombe) was the head contractor on the Deakin University Medical School Refurbishment Project in Waurn Ponds. Wycombe employed two labourers including CFMEU shop steward Craig Johnston.
The other labourer would generally unload deliveries of building materials to the site for Wycombe subcontractor, Big Contractors Pty Ltd (Big).
Big was engaged by Wycombe to perform metal, carpentry and plastering work. Big did not employ its own labourer at the site. From early 2007, Mr Johnston had allegedly pressured directors of Big to employ a particular labourer on the site.
On 19 March 2007, Peer Industries Pty delivered a load of building materials for Big. The Wycombe site manager instructed the second labourer to unload the materials.
Allegedly, Mr Johnston told the labourer not to unload the materials. Mr Johnston and the other labourer also failed or refused to follow instructions from Wycombe's Construction Manager to unload the materials.
Subsequently, the Peer Industries truck left the site without being unloaded.
It was later found by Burchardt FM that Mr Johnston acted out of mischief and/or malice in preventing the labourer from unloading the truck and removing the keys to the forklift so it could not be unloaded by anyone including himself.