Caelli Constructions (Vic) Pty Ltd (“Caelli”) is one of the principal contractors engaged in the construction of the $1 billion New Royal Children’s Hospital at Parkville. The hospital is being constructed by the Children’s Health Partnership, as a Public Private Partnership (PPP) under the State Government's Partnerships Victoria model.
Several hundred employees of Caelli went on strike for several days in December 2008 in protest at the termination of employment of an employee who was a CFMEU representative at the New Royal Children’s Hospital site and who had allegedly refused to follow a lawful and reasonable direction. Vehicles were also placed across the entrance gates to block concrete deliveries to the site.
On 15 December 2008, Senior Deputy President Watson made an interim order that industrial action at the New Royal Children’s Hospital site stop and not occur and that the CFMEU stop and not organise any industrial action at the site. Subsequent negotiations between Caelli and the CFMEU resulted in the company agreeing to reinstate the employee upon which Caelli notified the AIRC on 11 February 2009 that it no longer sought an order from the Commission.
On 12 February 2009, several hundred employees of Caelli went on strike at six building sites around Melbourne in protest at Caelli’s decision that the employee would be reinstated at a site other than the New Royal Children’s hospital.
On 13 February 2009 SDP Acton heard Caelli’s application for an order to stop industrial action. Her Honour made an order that the CFMEU must not organise a strike by Caelli employees at the various sites concerned. The order was to come into effect at 5.00 pm Friday, 13 February 2009 and remain in force for a period of two months.