The ABCC alleged that the CFMEU and officials, Mr Benstead and Mr Beattie contravened the Fair Work Act 2009 by hindering and obstructing, acting in an improper manner and misrepresenting the right to enter a site.
On 14 August 2009 Mr Benstead and Mr Beattie visited a construction project in Reservoir, managed by Baulderstone Pty Ltd. The officials refused to provide a right of entry notice and encouraged workers to stop work and hold discussions, disrupting work at the site. After they repeatedly refused to leave, Victoria Police attended and escorted Mr Benstead and Mr Beattie off the site.