The matter concerned an application by Kane Constructions (Aust) Pty Ltd (“Kane”) for orders pursuant to s.418 of the Fair Work Act 2009 to stop industrial action at the Swinburne University Campus at Hawthorn in Melbourne where Kane is engaged in the construction of the Advanced Technical Centre, a $70 million project.
Kane applied to Fair Work Australia for an order under s.418 to stop industrial action at the Swinburne project in the light of bans said to have been imposed under the instruction of an official of the CFMEU for the purpose of securing the employment of an additional labourer at the project. The bans involved a restriction on the performance of labouring duties and a ban on the operation of an Allimak (person/material hoist) at the site.
Following a hearing on 20 November 2009 Commissioner Blair was satisfied that industrial action that was not protected industrial action was occurring and granted the application for an order that industrial action stop and that the union and employees not engage in industrial action. The order by Fair Work Australia will remain in force until 21 December 2009.