It is alleged that they breached the secondary boycott provisions of the Trade Practices Act.

The ACCC has alleged that in October last year the AMWU, the AWU and the CEPU maintained a picket at the entrance to the construction site of the plant, near Orbost in Victoria. It is alleged that the picket prevented construction workers and vehicles delivering materials from entering the site.

Some media reports have stated the action had been finalised, something the ACCC denied, saying only the Federal Court had the power to finalise the matter.

The matter has been listed for a directions hearing in the Federal Court, Melbourne on 16 June 2003.