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 Paper Australia to perform welding work on the project.
On 24 July 2007 Mr Terry Lee, organiser for the AWU, held a 1.00pm meeting with employees of BMC in the crib room at the site. The meeting was scheduled to finish at 1:30 pm.
At approximately 1.50pm the meeting concluded and the BMC employees left the crib room. Each BMC employee who had attended the meeting failed to return to work for the remainder of the working day.
The ABCC alleged that the industrial action was unlawful, industrially motivated and taken for the purpose of supporting or advancing claims against BMC.