Bovis Lend Lease Pty Ltd was the head contractor for the construction of the Melbourne Recital Hall and the Melbourne Theatre Company's theatre located at 133 Southbank Boulevard, Melbourne (the site). LCR Lindores Group Pty Ltd (LCR Lindores) and Sergi Pty Ltd were retained to perform crane work at the site.
On 6 October 2006, four employees of Sergi Pty Ltd (Sergi employees) were scheduled to work on a crane installation. Noel Washington of the CFMEU attended the site and held an unauthorised stop work meeting with the Sergi employees.
The ABCC alleged that during the stop work meeting Mr Washington encouraged, persuaded, recommended, endorsed and directed those employees not to perform the crane installation work. The ABCC alleged that the Sergi employees did not do any work that concerned the crane installation for part of the afternoon of 6 October as a result of Mr Washington's direction. The ABCC further alleged Mr Washington and the CFMEU by the conduct of Mr Washington, aided, abetted, counselled or procured the unlawful industrial action or was knowingly concerned in the unlawful industrial action in contravention of the Building and Concstruction Industry Improvement Act 2005 (BCII Act).
Also on 6 October 2006, Mr Washington threatened that the CFMEU would arrange a picket at the site the next morning unless LCR Lindores immediately stopped work at the site, pending the signing of a union building agreement with the CFMEU. The ABCC alleged that this conduct amounted to coercion and discrimination on the part of Mr Washington and the CFMEU, as provided by the BCII Act.
The respondents admitted to engaging in unlawful industrial action.