On 12 April 2011 Fair Work Australia (FWA), following a hearing in relation to an application under s.418 of the Fair Work Act 2009 (FW Act) by Lend Lease Project Management and Construction (Australia) Pty Ltd (Lend Lease), found that unprotected industrial action was happening and also was threatened or probable on the Brisbane Supreme Court and District Court construction sites at 419 George Street in Brisbane. FWA ordered the employees and the relevant unions (identified in the order) cease industrial action for two months. This stop order followed the expiry of an earlier order on 22 March 2011, which applied to the same site.
Industrial action continued, resulting in the application to the Federal Court for an injunction. The ABCC intervened in support of the application following the failure to follow the order of FWA issued on 12 April 2011. The Federal Court issued an order on 13 April 2011 that the three respondent unions, their officials, delegates and others and all subcontractors engaged by the applicant comply with the order.
Work resumed at the site on 14 April 2011 in compliance with the order.
On 20 April 2011 the Federal Court (Collier, J) vacated the interim injunction previously granted on 13 April 2011 having heard further submissions on whether the interim injunction should continue.
The Federal Court will hear the substantive case brought by the applicant Lend Lease seeking penalties and damages from 12 to 23 March 2012. The CFMEU has filed a cross claim which has been set down for a ten day hearing commencing 28 May 2012.