Fulton Hogan Pty Ltd was engaged by VicRoads to undertake a road widening project on the Berwick-Cranbourne Road in Victoria.
Fulton Hogan engaged Saferoads Pty Ltd to supply guard rail and wire rope safety barriers. Saferoads contracted Labcon Industries Pty Ltd to install the guard rail and wire safety barriers.
It is alleged that on 10 September 2008, CFMEU organiser Mr Gareth Stephenson visited the site and told a Labcon employee that Labcon workers had to be in the union to work on the site.
Mr Stephenson subsequently threatened in a conversation with a Labcon manager to shut the site down because Labcon did not have a workplace agreement with the CFMEU.
On 12 September 2008 Mr Stephenson entered the site and told a Labcon employee no concrete would be poured that day. He then served a Notice of Suspected Contravention under the Victorian Occupational Health and Safety Act on Labcon and Fulton Hogan. As a result, the site was shut down.
The ABCC alleges Mr Stephenson and the CFMEU contravened three sections of the Building and Construction Industry Improvement Act 2005 relating to unlawful industrial action, coercion and discrimination.