Mirvac Constructions (WA) Pty Ltd was engaged to undertake building work at ‘The Peninsula Project’ in Burswood, Western Australia.
The ABCC alleges on 12 September 2008 CFMEU and CFMEUW representative, Mr Joseph McDonald attended The Peninsula Project and attended and addressed a meeting of Mirvac employees and employees of building contractors at the site. At the conclusion of the meeting, it is alleged that approximately 100 workers left the site and failed to perform work that they were engaged to perform for the remainder of the day.
The ABCC alleges the CFMEU, CFMEUW and Mr McDonald contravened the unlawful industrial action provisions of the Building and Construction Industry Improvement Act 2005 and the Workplace Relations Act 1996. The matter was heard before Lucev FM on 2-5 and 9 March 2010. Closing arguments on 22 April 2010.
The decision has been reserved.