Woodside Burrup Pty Ltd is the owner of a project to construct the Pluto Liquefied Natural Gas processing plant near Karratha in the Pilbara region of Western Australia (the Pluto Project).
On 27 November 2009, CFMEU and CFMEUW Assistant Secretary Joe McDonald allegedly arranged a meeting of workers engaged at the Pluto Project and encouraged those workers to commence strike action if Woodside did not reverse the decision to introduce ‘motelling’, a system of managing accommodation for workers on the project. Motelling involves workers' accommodation in dongas at Gap Ridge Village changing at the end of each work roster, rather than being allocated dongas on a permanent basis for the duration of their employment.
On the afternoon of 30 November 2009 Mr McDonald allegedly conducted a meeting with approximately 1200 Pluto Project workers, on vacant land immediately outside Gap Ridge Village, and encouraged the workers to do something to advance their complaint about motelling. Mr McDonald allegedly called for a vote to go out on strike and, following a show of hands, declared that there would be a strike for 48 hours.
On 1 and 2 December 2009 approximately 1200 to 1300 employees failed to attend work and perform their rostered duties at the Pluto Project.
The ABCC alleges that the CFMEU, CFMEUW and Mr McDonald were involved in unlawful industrial action in contravention of s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act).
On 17 February 2010 the Court ordered that this case be heard together with a proceeding brought by Woodside relating to the same incident [WAD16/2010].
The Respondents filed Defences alleging that the later Pluto strike in January 2010 was relevant to what happened in the December 2009 strike. The ABCC applied to strike out these parts of the Defences. Gilmour J upheld the ABCC's application on 21 July 2010.
The CFMEU's application for leave to appeal Gilmour J’s decision to strike out part of its defences was heard on 3 September 2010. On 10 September 2010 McKerracher J refused the CFMEU leave to appeal.