The ABCC seeks an order under s.770 of the Workplace Relations Act 1996 be made against Mr Stephen Long of the CFMEU for abuse of system. The ABCC alleges that Mr Long engaged in the following conduct when exercising his statutory right as a permit holder:
a. acted in an improper manner;
b. failed to exercise his rights with due diligence, reasonable civility and avoidance of unnecessary obstruction;
c. caused or procured industrial action; and
d. hindered, obstructed and caused undue interference in building operations of two building companies and their employees.
The ABCC also alleges that when exercising right of entry under the Occupational Health and Safety Act 2004 (Vic) Mr Long engaged in conduct that was not authorised under an OHS law.