In 2008, Abigroup Contrractors Pty Ltd was engaged on three road building projects known as the Geelong Project, the Monash Project and the Southern Link Project.
On 14 and 15 May 2008, Abigroup told 13 employees on the Geelong Project they would be made redundant.
It was alleged that on 15 May 2008, CFMEU organisers Michael Powell and Maurie Hill requested that Abigroup transfer the redundant employees to the Monash Project.
It was also alleged that on 15 May 2008 the CFMEU allegedly demanded that Abigroup transfer an acting CFMEU representative, Mr Paul Round, from the Geelong Project to the Monash Project.
Early on 16 May 2008, three organisers met Abigroup employees at three compounds on the Geelong Project and Southern Link Project. Workers on those compounds failed to report for work at 7am and left the compounds without performing work at about 11am. Mr Edwards allegedly coordinated the action by telephone.
Early on 28 May 2008, eight organisers allegedly disrupted work by parking their cars across the gates to eight compounds on the Geelong Project, Southern Link Project and Monash Project. The organisers removed their cars at 11am. Mr Edwards allegedly co-ordinated the action.
In a meeting on 29 May 2008, the CFMEU (through Mr Edwards, Mr Powell and Mr Hill) continued to demand that Abigroup transfer the redundant employees and that Mr Round be transferred to the Monash project. Abigroup refused to comply with these demands.
The ABCC alleged that the respondents contravened s.38 of the BCII Act by engaging in unlawful industrial action and s.43 of the BCII Act by attempting to coerce Abigroup to employ the workers.