Kane made an application on 9 August 2006 under s.496 of the Workplace Relations Act 1996 for orders to stop industrial action occurring on the St Leonard's College site in Brighton.
Kane alleged that Adrian McLauchlan, a CFMEU organiser, made demands that it employ an additional full-time labourer to clean the site sheds. Kane refused to do so.
The company claimed that on 9 August 2006 the CFMEU organiser placed bans on the cleaning of the site sheds; conducted an unauthorised stop-work meeting; and then directed workers on site to cease work and relocate due to the alleged uncleanliness of the sheds.
The application was heard on 10 August 2006 and the ABCC intervened. Watson SDP directed the matter to private conference. At the end of the conference, Kane withdrew its application on the basis of undertakings by the CFMEU.