The CFMEU notified a dispute under section 99 of the Workplace Relations Act 1996 on the grounds that an employer was not paying employees in accordance with a certified agreement that the CFMEU argued was binding on the employer. The employer disputed that it was bound.
The ABCC intervened in the matter. The CFMEU challenged the right of the ABCC to intervene. The ABCC submitted successfully that it was entitled to intervene as of right.
This matter was adjourned indefinitely following proceedings in the AIRC on 1 March 2006.