Paper Australia Pty Ltd owns and operates the Maryvale Paper Mill facility in Morwell, Victoria. During 2007 and 2008 Paper Australia was undertaking a large expansion project involving various building and construction works at the site, known as the Pulp Mill Project.
BMC Welding and Construction Pty Ltd (BMC) were engaged by Australian Paper to perform welding work on the Pulp Mill Project.
On 5 February 2008 Mr Steven Dodd, an organiser for the AMWU, held an authorised meeting with BMC employees at the brew hut during their morning tea break. The meeting was scheduled to finish at 10.10am. The meeting ran overtime and BMC management asked Mr Dodd to conclude the meeting. Shortly after 10.25am, Mr Dodd reconvened the meeting outside the project gate.
Following this meeting, the majority of BMC employees in attendance at the meeting failed or refused to recommence work for the remainder of the day.
The ABCC alleges that this industrial action was unlawful and motivated by the purpose of supporting or advancing claims against BMC.