Baulderstone Hornibrook Pty Ltd was the head contractor at a construction site located at 20 Hindmarsh Square, Adelaide, South Australia.
On 15 July 2008 at 9.30am, CFMEU organiser Justin Feehan visited the site and met with employees working at the site.
At that meeting, Mr Feehan suggested to the employees who attended the meeting that they consider taking industrial action and arranged for a vote on industrial action to be taken. After the meeting the employees left the site and did not return to work for the remainder of that day.
The ABCC alleges that the CFMEU and Mr Feehan engaged in unlawful industrial action in contravention of s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by placing a ban, limitation or restriction on the performance or acceptance of work; or being involved in unlawful industrial action.
On 13 April 2010 the Court was advised that the parties had reached agreement in the matter. The CFMEU and Mr Feehan admitted to engaging in industrially motivated unlawful industrial action. They also admitted there was no reasonable concern about an imminent risk to the health or safety of workers at the site. Decision in this matter has been reserved with no further hearing date scheduled at this time..