On 9 July 2009, the AMWU & CEPU applied for orders from Fair Work Australia (FWA) seeking proper facilities for holding discussions at the Woodside’s Pluto project site in Western Australia. Foster Wheeler WorleyParsons Joint Venture (FWW) is the principal contractor for the project. Initial proceedings took place on Friday 24 July 2009 before Commissioner Williams in Perth where he conducted a conciliation conference.
On the morning of the conciliation hearing, the CFMEU also filed an application with FWA in terms similar to those made by the AMWU and CEPU. At the conclusion of the conference which dealt with all three applications, the Commissioner requested that further discussions take place between the parties and that the unions report back to him to advise of any progress made.
The applications by the AMWU and CEPU have not progressed beyond discussions between the parties, however, the CFMEU’s application has proceeded to arbitration by FWA. The CFMEU identified the dispute between the CFMEU and FWW to involve:
- whether it was necessary to identify on the notice to exercise right of entry the identity of the employer whose employees the permit holder intended to hold discussions;
- the ability to hold discussions with employees other than those of employers identified in the notice provided to the occupier;
- the reasonableness of FWW’s decision to nominate where discussions would be conducted; and
- the observation by FWW representatives of the discussions taking place.
Following an inspection of the Pluto project site and submissions at Karratha and Perth which concluded on 18 December 2009 Commissioner Williams reserved his decision.
On 29 March 2010 Commissioner Williams handed down his decision in which he rejected most of the CFMEU’s claims. Commissioner Williams found some merit in the CFMEU’s application concerning the matter of FWW always requesting that permit holders exercising a right of entry only hold discussions with employees of one contractor at a time. In respect of this particular issue, Commissioner Williams decided to make a recommendation that FWW allow permit holders to hold discussions with employees of more than one nominated contractor at the same time, but only if the employees of each nominated contractor have their crib rooms adjacent to the same designated meeting area.
On 19 April 2010, the CFMEU lodged an appeal against Commissioner Williams’ decision.
On 4 June 2010, the CFMEU discontinued its appeal.