The matter concerned an application by Laing O’Rourke Australia Construction Pty Ltd (the Company) for orders pursuant to s.496 of the Workplace Relations Act 1996 to stop or prevent industrial action at the Darling Downs Power Station construction site where workers had resolved to take industrial action by unilaterally adopting different roster arrangements. Workers employed by the Company on the site are covered by a Union Greenfields agreement which is in force until 2010.
Approximately 90 workers employed by the Company took industrial action by walking off site on Thursday 18 September 2008. They indicated they would not return to work until Monday 22 September, in accordance with new roster arrangements they were seeking.
Negotiations between the company, the respondent unions and workers concerning changes to the roster system on site have been going on since July 2008. In the course of those discussions, the company had undertaken not to implement changes to the roster system before October 2008. Despite that undertaking, workers went on strike in protest at the company’s proposals.
After hearing in the AIRC on 19 September 2008 before Commissioner Spencer, the Commission issued an order in favour of the company, that industrial action stop and that employees return to work. The order did not extend to the respondent unions or their organisers.
The Order is to apply from 21 September 2008 to 25 November 2008.