The proposed introduction by Bovis Lend Lease (BLL) in Victoria of the safety management system “Blue Glue” has been the subject of industrial action and proceedings in both the Federal Court of Australia and the AIRC.
Arising from hearings in August and September 2008 orders were made by SDP Watson prohibiting industrial action including failing or refusing to obtain a swipe card and failing or refusing to attend work in protest at BLL’s decision to introduce the Blue Glue card system.
Whilst the proceedings before SDP Watson were on foot, the CEPU applied to the Electrical and Communications Industry Disputes Board (ECIDB) to examine the question of whether BLL’s implementation of Blue Glue represented a breach of the No Extra Claims clause in the agreements covering electrical contractors, including Elecraft and others, on the BLL sites.
In a decision of 7 August 2008, the ECIDB found that the agreements had been breached. This decision is at odds with a decision of SDP Watson of 3 September 2008 where the AIRC found that the company’s action were neither unlawful nor a breach of the No Extra Claims clauses of relevant agreements.
The union collective agreements pertaining to the applicants provide that decisions of the ECIDB may be reviewed by the AIRC. On 3 September, Elecraft and three other electrical contractors applied to the AIRC for a review of the ECIDB decision.
At a hearing on 10 September 2008 Gay C set down dates for the parties to provide written submissions on a threshold question raised by the CEPU over the meaning of the term "review". A new set of directions were made following a hearing on 18 December 2008. A hearing set down for 23 February 2009 was cancelled when the applicants notified the AIRC that a settlement had been reached with the union and they no longer wished to pursue the application.