John Holland Pty Ltd is the head contractor on the West Gate Bridge Strengthening Alliance Project (the project). Civil Pacific Services (Vic) Pty Ltd is a labour hire firm with about 30 employees on the project. The project is in its set-up stage. In March 2008 Civil Pacific entered into a union collective agreement with the AWU.
In February 2009, the CFMEU tendered a resolution to John Holland requesting that John Holland commence negotiations for a union collective agreement with both the CFMEU and the AMWU. Following a stop work meeting on 5 February 2009, a picket line was set up the next day outside the site. That same day, 6 February 2009, the ABCC applied to the Federal Court for an urgent injunction alleging that unlawful industrial action under s 38 and coercion or undue pressure to make a workplace agreement under s.44 of the Building and Construction Industry Improvement Act 2005 (BCII Act) was occurring at the project. John Holland later brought its own proceedings, which are being heard with the ABCC proceeding Williams v AMWU, CFMEU and Powell. The ABCC has intervened in the John Holland proceedings.
On 6 February 2009 Jessup J. granted an interim injunction in the Williams v AMWU, CFMEU and Powell matter. This was extended on 12 February 2009 until the substantive matter is heard and determined.On 9 February 2009, Civil Pacific signed an agreement with the AMWU and the CFMEU for rates of pay said to be about $10 per hour higher than under the AWU agreement. This was before John Holland had indicated whether it was prepared to increase Civil Pacific’s contract rate accordingly.
On 27 February 2009 Civil Pacific terminated its contract with John Holland to provide labour to work on the project. As a result, Civil Pacific terminated the employment of its employees who worked on the project.
On 3 March 2009 a picket was established at the project head office in Port Melbourne.
On 6 March 2009 John Holland applied to the Court for further orders to restrain the AMWU, CFMEU and certain individuals from hindering entry and access to the project and project office, as well as to the company’s head office in Abbotsford. John Holland has also applied for the imposition of penalties for breaches of the BCII Act.
On 10 March 2009 Jessup J made the orders sought by the company with respect to the project and the project office in Port Melbourne.
On 24 March 2009, Jessup J made further orders, extending the previous injunction to cover John Holland’s head office in Abbotsford and broadening the scope of the injunctive relief. These orders were made in each of the John Holland and ABCC proceedings and relate to the CFMEU, the AMWU and various union officials and apply until trial.
John Holland also sought and obtained further interim orders with respect to 5 individuals on an ex parte basis. Following a hearing on 7 April 2009, Jessup J made these orders permanent pending the matter going to trial.
A further injunction application was heard by Justice Jessup on 1 May 2009. Justice Jessup granted the ABCC and John Holland’s application that the injunctions be extended to cover the West Gate Bridge itself, and work areas either side of the West Gate Bridge. This injunction covers the bridge and the site entrances at Lorimer and Sardine Streets, Port Melbourne.
These injunctions are in force until this matter is heard and finally determined by the court.
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