The matter concerned an application by Bovis Lend Lease for orders pursuant to s.418 of the Fair Work Act 2009 to stop or prevent industrial action after form workers engaged at the Gold Coast Hospital site in Queensland walked off the job on 26 November 2009 seeking guarantees of entitlements when their former employer, Wideform, went into liquidation.
Bovis Lend Lease had provided a guarantee that the entitlements of employees of Wideform would be preserved in respect of work done on Bovis Lend Lease sites, however, the union sought a guarantee in relation to entitlements accrued on any site, not just sites where Bovis lend Lease was the principal contractor.
A hearing that had been scheduled to take place on the afternoon of 27 November 2009 before Commissioner Spencer was cancelled following discussions between the Queensland Master Builders Association, Bovis Lend Lease and the CFMEU which led to a resumption of work at the hospital site.