An application by Pacific Industrial Company (WA) Pty Ltd under s.496 of the Workplace Relations Act 1996 for orders to stop or prevent industrial action in relation to an industrial dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the CFMEU at the Bluewaters Power Station Project at Collie in Western Australia.
Workers ceased work on 21 April 2008 following what they claimed was an altercation between a supervisor and a contractor and abusive and aggressive conduct by two supervisors. Work resumed on the morning of 23 April to allow an investigation into the complaints made by workers, however, the workers stopped work again later that day when the company advised that its investigation was unable to substantiate the employees’ concerns.
At a hearing before Commissioner Cargill on 24 April, the company pressed its application whilst the unions claimed that the workers’ action did not constitute industrial action as they held a reasonable concern of an imminent risk to their health and safety.
The workers returned to work in the afternoon of 24 April and the company subsequently withdrew its application after the unions gave an undertaking that the workers they represented would continue to work as normal. In proceedings before SDP Watson on the morning of 25 April, the company agreed to restrictions on movement around the site of the supervisor at the centre of the complaints, pending the outcome of the proposed investigation by the head contractor. The unions agreed to accept the outcome of the further investigation into the alleged conduct of supervisors.