On 16 February 2006, John Holland filed a writ in the Supreme Court of Western Australia against the CFMEU, the CFMEUW, Michael Powell, a CFMEU and CFMEUW organiser and Louis Van der Sande, an employee of John Holland and a delegate of the CFMEU and CFMEUW.
John Holland is alleging a breach of s.38 of the BCII Act relating to unlawful industrial action and is seeking remedies pursuant
to ss.49(1)(a), 49(1)(b), 49(1)(c), 49(3) and 49(5) of the Act.
The company's action follows an incident in February this year when workers on the Perth - Mandurah railway job walked off the job because of heat. Whilst the temperature at Perth was 37.5C at the other end of the line at Mandurah the temperature was a more moderate 29.5C yet employees at Mandurah ceased work.
On 22 May 2006, the ABCC notified the Supreme Court of WA of its intention to intervene in the proceedings.
On 8 August 2006 the parties formally advised the Court that they had reached agreement on a settlement of the matter.