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Killarnee Civil and Concrete Contractors v Employees


Case number: C2010/2628 
Applicant(s): Killarnee Civil and Concrete Contractors  
Respondent(s): Employees 
Site: Woodside's Pluto liquefied natural gas plant project, Burrup peninsula. 
Jurisdiction: FWA 
Before: Commissioner Cloghan 
Hearing date:
27 January 2010
Intervention filed on: 27 January 2010 

On 22 January 2010, employees of a number of contractors engaged in on-site construction work at Woodside’s Pluto liquefied natural gas plant project at the Burrup peninsula in Western Australia’s North West went on strike in protest at changes to accommodation arrangements for workers on the project.

In proceedings before Fair Work Australia (FWA) on 23 January 2010, Commissioner Cloghan made an interim order that industrial action not occur and not be organised. The interim order is to apply from midnight 24 January 2010 until 28 February 2010.

Employees of Killarnee Civil and Construction Contractors (Killarnee) continued to work, however, they expressed concern about being threatened and intimidated by doing so. Killarnee was concerned that its employees might not attend work because of the fear of intimidation. On 27 January 2010 Killarnee applied to FWA for orders pursuant to s.418 of the Fair Work Act 2009 seeking orders that its employees not engage in industrial action.

Killarnee’s application was scheduled for hearing before Commissioner Cloghan on 27 January 2010, however, at the company’s request the proceedings were adjourned to a later date. Killarnee decided not to pursue its application following a return to work by employees on the Pluto project on 30 January 2010.