Hooker Cockram Projects Pty Ltd was the head contractor for the Walter Eliza and Hall Institute Enabling Works Project in Parkville, Victoria.
Between November 2008 and 31 May 2009 the CFMEU negotiated with Hooker Cockram to require it to pay a height allowance on the project to its workers and contractors.
At 10.30am on 1 April 2009 CFMEU officials Matthew Hudson and Shaun Reardon attended the site without prior notice. Mr Hudson told Hooker Cockram’s site manager they were on site to shut it down.
At 10.45am on 1 April 2009, Mr Hudson and Mr Reardon held a stop work meeting with ten employees subcontractors at the site and two Hooker Cockram employees.
During the meeting Mr Hudson and Mr Reardon encouraged or directed the employees not to perform any more work and to leave the site immediately.
The employees left the site at 11am and did not perform any further work. They returned to work at 7am the following morning, 2 April 2009.
The ABCC alleged the CFMEU, Mr Hudson and Mr Reardon contravened:
- Section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action when the respondents shut down the site; and
- Section 719 of the Workplace Relations Act 1996 (WR Act) because they failed to comply with the dispute resolution clauses within the certified agreements.