Construction Diving Services employs divers to prepare the seabed in respect of the proposed desalination plant to be built at Kurnell. It applied for an order under s.496 to stop industrial action by divers that had taken place on 3 to 6 March 2008.
The MUA argued that the industrial action was based on a reasonable concern that there was an imminent risk to health and safety. The employer relied on a MUA leaflet which was handed out by the divers at the picket line. That pamphlet stated “A union collective agreement is all we want.” Commissioner Redmond ruled that the MUA had failed to establish that the basis of the action was a reasonable concern that there was an imminent risk to health and safety.
The AIRC ordered (PR980989) that the MUA not engage in or organise industrial action nor should it induce the divers to withdraw their labour. The order came into effect at 7.30pm on 6 March 2008 and work by the divers resumed on 10 March 2008.