On 27 November 2006, Esso Australia Pty Ltd & Esso Australia Resources Pty Ltd applied for an order under s.496 of the Workplace Relations Act 1996 to stop industrial action that was being taken at the Longford gas plant by maintenance employees by way of a refusal to work overtime. The employees had refused to make themselves available to work overtime (contrary to agreement and custom on the plant) since 14 November 2006 following a change to payroll procedures.
Shortly after commencement and a brief adjournment, the proceedings were adjourned following an agreement having been reached between the parties. The agreement provided that the unions undertook that normal availability for overtime coverage would apply immediately at Longford and the availability roster would be operational immediately in accordance with the agreement previously reached on the roster’s operation.
The work performed by the maintenance employees was considered to be “building work” as defined in the Building and Construction Industry Improvement Act 2005 because the maintenance employees performed duties which included repairs to and dismantling of structures and works, installation of fittings and fire protection.