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Interventions and Submissions


The ABC Commissioner has the right to intervene in court cases and to make submissions in proceedings before Fair Work Australia that involve building and construction industry participants. This is generally to ensure that the parties, FWA and the courts are aware of the impact of relevant federal legislation. The power to intervene and make submissions is one means of achieving improved standards of conduct in the building and construction industry.

For more information, please see our fact sheet Power to Intervene


Issue;#Strike Pay;#
JusrisdictionAIRC
Status

Leave to appeal was refused.

SiteNA
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

Application withdrawn following conciliation

SiteEsso, Longford Plant, Long Island Point Plant, Bass Strait
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

Application withdrawn following conciliation

SiteCommonwealth Games athletes village
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Proceedings were discontinued after settlement by the parties

SiteAlcoa refinery sites at Kwinana and Pinjarra
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

AIRC issued orders that industrial action stop

SitePerth to Mandurah Railway project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Protected action ballot order granted

SiteVarious sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Protected action ballot order granted

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated

SiteVarious Sites
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

The application was withdrawn after agreement with union

SiteLongford gas plant
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated

SiteBraybrook
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC ordered that industrial action stop

SiteOtway Gas Plant Construction Project
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated

SiteNA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC ordered that industrial action stop

SiteLaverton North Gas Plant
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Issue;#Agreements;#
JusrisdictionAIRC
Status

AIRC overturned decision of VBIDP

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreements were terminated.

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Protected action ballot order granted.

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreements were terminated.

SiteNA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC ordered that industrial action stop.

SiteLaverton North Gas Plant
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Company withdrew application after union undertaking.

SiteSt Leonard’s College site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Company withdrew application after union undertaking.

SiteAlphington
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Issue;#Agreements;#
JusrisdictionAIRC
Status

AIRC overturned decision of VBIDP

SiteCaroline Springs Town Centre Development
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Company withdrew application after union undertaking.

SiteNA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Company withdrew application after union undertaking.

SiteLaverton North Gas Plant
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreements were terminated.

SiteNA
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

Application withdrawn following union not pursuing claim.

SitePort Campbell
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

AIRC overturned decision of VBIDP.

SiteDSTO Site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn following return to work.

SiteBendigo gold mine
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn following conciliation.

SiteEthan to Quenos project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn following conciliation.

SiteBasell Australia Geelong site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC directed return to work.

SiteRoche Mining MBDP Project
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Proceeding adjourned indefinately.

SiteNA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC directed industrial action stop.

SiteCraigieburn Rail Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn following conciliation.

SiteGrand Prix site
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Appeal upheld by consent. Certification under s170LK quashed.

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The matter was adjourned until further application.

SiteVarious Sites
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn after employees returned to work.

SiteNorth West Shelf Project Phase V
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Application withdrawn.

SitePerth - Mandurah railway project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn.

SiteAlcoa Refinery at Pinjarra
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Issue;#Strike Pay;#
JusrisdictionAIRC
Status

Proceedings were settled by CFMEU payment to John Holland.

SitePerth to Mandurah railway
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

The matter was part settled in November 2006 with agreed penalties of $150,000. The damages claim by Leighton was settled on 7 May 2009 following private mediation. The Supreme Court proceedings have now been discontinued.

SitePerth to Mandurah railway
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Matter resolved in conciliation.

SiteBurrup Fertiliser Project
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The application was discontinued.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Commission varied the agreement.

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteVarious sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The application was rejected.

SiteVarious Sites
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The Full Bench upheld the appeal and quashed the decision DP Ives [2007] AIRC 737 (PR978139).

SiteCaroline Springs, Rail Upgrade Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

The decisions of DP Ives were quashed by the Full Bench. [2007] AIRCFB 989 (PR979982).

SiteCaroline Springs & Rail Upgrade Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

The company discontinued its application on 25 June 2007.

SitePaper Australia mill at Maryvale in Morwell
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Interim order subsequently rescinded by AIRC.

SitePaper Australia mill at Maryvale in Morwell
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC ordered that industrial action stop.

SitePaper Australia mill at Maryvale in Morwell
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Issue;#Agreements;#
JusrisdictionAIRC
Status

Dispute resolved in conciliation.

SiteBallarat North Reclamation Project
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Issue;#Agreements;#
JusrisdictionAIRC
Status

AIRC lacked jurisdiction to handle the application.

SiteCaroline Springs
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The agreement was terminated.

SiteNA
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Issue;#Agreements;#
JusrisdictionAIRC
Status

The company withdrew its application.

SiteHaileybury College
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

AIRC ordered right of entry to CFMEU officials.

SiteKalamunda Road Brickworks site at High Wycombe
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application was withdrawn after union undertaking .

SiteDampier to Bunbury Natural Gas Pipeline Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application was withdrawn after union undertaking.

SiteProject Magnet site
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Issue;#Other;#
JusrisdictionAIRC
Status

The dispute was resolved following a conciliation conference in the AIRC on 28 November 2008.

SiteMetropolitan NSW sites
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Penalty imposed on the Maritime Union of Australia to the sum of $15,400.

SiteSydney Desalination Plant, Kurnell
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

With effect from 7.30pm on 6 March 2008, the AIRC ordered that the MUA not engage in or organise industrial action nor should it induce the divers to withdraw their labour. Divers resumed work on 10 March 2008.

SiteSydney Desalination Plant, Kurnell
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 15 December 2008, SDP Watson then made an interim order that industrial action stop. No further proceedings took place.

SiteRoyal Children's Hospital, Parkville
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteMaryvale Mill at Morwell, Latrobe Valley
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteMaryvale Mill at Morwell, Latrobe Valley
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

In a decision on 11 November 2008, Gordon J found that BLL did not breach the parties' deed of agreement when it required workers to have their photos taken for company files.

SiteRoyal Children's Hospital, Parkville & 3 sites in Docklands, Melbourne
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn after settlement.

SiteRoyal Children's Hospital, Parkville
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Middleton J made an order on 28 August 2008 that industrial action stop and that the unions withdraw all authorisation and advice for the taking of unprotected industrial action or any stoppage of work on the BLL sites. The ABCC and the unions also agreed on a joint application to the Court for the imposition of penalties for admitted contraventions.

SiteRoyal Children's Hospital, Parkville & 3 sites in Docklands, Melbourne
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

SDP Watson issued an interim order on 7 August 2008 prohibiting industrial action. On 3 September 2008 the Commission made a final Order to apply for a period of 90 days in the same manner as the interim order had.

SiteRoyal Children's Hospital, Parkville & 3 sites in Docklands, Melbourne
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 20 August 2008 Commissioner Blair issued an order to operate from 20 August 2008 for a period of 6 weeks which was designed to operate for the remainder of the project.

SiteViridian Glass Manufacturing Plant, Dandenong
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

The Commission issued an interim order on 28 May 2008, however, to remain in effect until 28 June 2008. On 17 June, 2008 the company advised the Commission that it would not seek a substantive order upon the expiry of the interim order as work had retuned to normal.

SiteSouthern Link Upgrade Project, Geelong & Monash Freeway Upgrade Project, Melbourne
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 16 July 2008, Bovis Lend Lease informed the Commission that as a result of employees having resumed work it no longer wished to proceed with its application and further proceedings in the AIRC were cancelled.

SiteRoyal Children's Hospital, Docklands, Melbourne
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On the basis of the undertaking provided by the unions, Austin Health withdrew its application for orders.

SiteAustin Hospital, Heidelberg
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Commissioner Blair issued an interim order that would run until 18 July 2008. No further order was subsequently sought.

SiteViridian Glass plant, Dandenong
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 19 September 2008, Commissioner Spencer issued an order (to apply from 21 September 2008 to 25 November 2008) that industrial action stop and that employees return to work. The order did not extend to the respondent unions or their organisers.

SiteDarling Downs Power Station
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Commissioner Williams made orders (to apply from 1 December 2008 until 3 December 2008) that industrial action not occur.

SiteBP Refinery, Kwinana and Alcoa Refinery, Pinjarra
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application discontinued after settlement between the parties.

SiteNorth-West Shelf Venture, Pilbara region
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 28 October 2008, Gilmour J made interlocutory orders restraining certain respondents from failing to attend for work and/ or failing to perform work in the manner as customarily performed. On 9 February 2009 the company had a hearing for that day vacated and its notice of motion was adjourned. A further hearing date was not scheduled. The ABCC is now considering steps that it might take in relation to the proceedings.

SiteNorth West Shelf LNG Phase v Expansion project, Burrup Peninsula, WA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 28 November 2008, the AIRC issued orders (to remain in place for a month) that each employee must stop industrial action and industrial action must not occur and that the unions not engage in industrial action.

SiteBoddington Gold Mine Expansion Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 18 July 2008, the AIRC made an order by consent of the parties.

SiteBoddington Gold Mine Expansion Project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 19 June 2008 the AIRC dismissed the company's application.

SiteBurrup Peninsula, North WA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 9 May 2008 the AIRC made an order to remain in force until 31 August 2008.

SiteWoodside's North West Shelf LNG Phase V Expansion project
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Following proceedings in the AIRC on 24 and 25 April 2008 the company withdrew its application.

SiteBluewaters Power Station Project, Collie
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

The company did not proceed with its application after it obtained an undertaking from the union and Mr McDonald.

SiteVarious Multiplex sites in Perth
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

On 31 March 2008 SDP Watson issued on order regarding the various right of entry issues in dispute. On 5 June 2008, the company was refused leave by a Full Bench of the AIRC to appeal against the order.

SiteThe Brickworks, Perth
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

Following a conference in the AIRC the company notified the Commission that it was discontinuing its application.

SiteVarious Multiplex sites in Perth
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Applications withdrawn following hearing.

SiteCharlestown Square Shopping Centre Project, Newcastle
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteVarious Sites in Queensland
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Issue;#Bargaining;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteVarious
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA issued order that industrial action stop.

SiteSwinburne University Campus, Hawthorn
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Issue;#Other;#
JusrisdictionAIRC
Status

The proceedings were discontinued on 10 December 2009.

SitePatricia-Baleen gas plant
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

VBIDP decision overturned by AIRC.

SiteMonash Alliance worksite
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Issue;#Other;#
JusrisdictionAIRC
Status

On 18 May the Court granted John Holland leave to discontinue its application following an undertaking by the unions not to take industrial action for the duration of the project.  The company's notice of motion was adjourned sine die.

SiteWest Gate Bridge
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application withdrawn following union undertaking.

SiteSouthbank, Melbourne
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Issue;#Other;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteRoyal Children's Hospital, Parkville
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC found that there was no power to make orders sought by Caelli and application was dismissed by Watson SDP.

SiteRoyal Children's Hospital, Parkville
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 26 February 2009, Commissioner Blair made an order as sought by the applicants. The order is to remain in place until 9 September 2009.

SitePatricia-Baleen gas plant, Newmerella
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

SDP Acton made an order that the CFMEU must not organise a strike by Caelli employees at the various sites concerned.

SiteRoyal Children's Hospital, Parkville
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SiteGold Coast Hospital site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

AIRC rejected application for orders to stop industrial action.

SiteDarling Downs Power Station Construction Site, Dalby
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Issue;#Other;#
JusrisdictionAIRC
Status

Application withdrawn to allow conciliation to occur.

SiteAIRC, Brisbane. ABCC intervened 19 March 2009
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

On 8 July 2011 the application was dismissed.

SiteAbbot Point Coal terminal, Bowen
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA dismissed application.

SiteFWA, Perth. ABCC intervened 4 December 2009
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA ordered that industrial action stop and not be organised.

SiteWoodside's Pluto liquefied natural gas plant project, Burrup peninsula
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Orders to stop industrial action issued by FWA.

SiteAlcoa Refinery, Pinjarra
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

Parties to hold further discussions.

SiteSino Iron project site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

Application dismissed.

SiteRaine Square project site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA issued order that industrial action stop.

SiteOne40 William Project site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA issued interim order that industrial action stop.

SiteBluewaters Power Station site, Collie.
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Issue;#Other;#
JusrisdictionAIRC
Status

On 4 June 2010, the CFMEU discontinued its appeal.

SiteWoodside's Pluto project site
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

Proceedings discontinued.

SitePluto project site
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

ABCC status in the proceedings has changed from intervenor to applicant.

SiteNorth West Shelf LNG Phase v Expansion project, Burrup Peninsula, WA
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA ordered that industrial action stop.

SiteWorsley Alumina refinery project.
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Issue;#Industrial Action;#
JusrisdictionFWA
Status

Proceedings discontinued.

SiteWoodside's Pluto liquefied natural gas plant project, Burrup peninsula.
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

On 30 September 2011 McKerracher J found the respondents liable for contravening particular sections of the BCII Act  and FW Act.  The matter is now proceeding to a penalty hearing commencing on Tuesday 13 December 2011. 

SiteWoodside's Pluto liquefied natural gas plant project, Burrup peninsula.
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Issue;#Industrial Action;#
JusrisdictionAIRC
Status

FWA ordered that industrial action stop and not be organised.

SiteWoodside's Pluto liquefied natural gas plant project, Burrup peninsula.
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Issue;#Right of Entry;#
JusrisdictionAIRC
Status

BML application discontinued.

SiteCity Square site, 125 St Georges Terrace
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Issue;#Industrial Action;#
JusrisdictionFair Work Australia
Status

Commissioner Blair granted the order under s418, ruling that industrial action must not occur for the life of the Brunel Technical Services Pty Ltd Kipper Tuna and Turrum Project Agreement 2010.

SiteKipper Tuna and Turrum Project
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

On 28 April 2011 Senior Deputy President Acton approved the agreement.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Agreements;#
JusrisdictionFair Work Australia
Status

Awaiting FWA advice on progression of application.

SiteNA
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Issue;#Industrial Action;#
JusrisdictionFederal Court of Australia
Status

Directions were given on 15 September 2011. A further directions hearing is scheduled for 3 November 2011.

Site Brisbane Supreme Court and District Court project site, 419 George Street Brisbane
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Issue;#Industrial Action;#
JusrisdictionSupreme Court of Victoria
Status

The plaintiff filed a Statement of Claim on 15 August 2011.

SiteVictorian Desalination Project
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