The matter concerned an application by Hitachi Plant Technologies Ltd (“HPT”) for orders pursuant to s.418 of the Fair Work Act 2009 to stop industrial action at the Bluewaters Power Station site at Collie in Western Australia.
HPT is the secondary contractor on site, the primary contractor being Ishikawajima-Harima Heavy Industries Co Ltd (IHI). IHI oversees the Bluewaters Power Station site and supplies all materials for the project. HPT commenced construction in May 2007 and is due for completion in December 2009. The cost of the project is estimated at $400 Million. The site is covered by a Union EBA with the CFMEU along with a Greenfields Agreement which covers the AMWU and CEPU.
HPT notified fair Work Australia (“FWA”) that the issue concerned reaction by employees that, with the project nearing completion, some contractors would require employees to work out their period of notice rather than be paid in lieu. The workers held a meeting at 6:45am on Friday, 7 August 2009 morning where they were addressed by Colin Jones, an AMWU official, and voted to remain out until Tuesday, 11 August 2009.
HPT sought an order that would apply for the remainder of the project given that the project has been plagued by a series of stoppages throughout its life.
Commissioner Harrison made an interim order by consent that industrial action stop and that industrial action not be organised. The order came into effect from 5.00pm on 7 August 2009 and would apply until further order of FWA.