The proceedings have been instituted as a result of industrial action by CFMEU members employed at the Victorian Desalination Project (VDP) in Wonthaggi. The industrial action began on Friday 17 June 2011 and led to orders being made in Fair Work Australia (FWA) for the industrial action to cease.
The amended Statement of Claim setting out the scope of the case was filed on 15 August 2011. Thiess alleges that the CFMEU engaged in numerous periods of industrial action between July 2010 and June 2011. Thiess are seeking penalties and compensation.