The matter concerned an application by Probuild Constructions (Aust) Pty Ltd (“Probuild”) for orders pursuant to s.418 of the Fair Work Act 2009 to stop industrial action at the One40William project in Perth, Western Australia.
Probuild applied to FWA for an order under s.418 to stop industrial action at the One40 William Project in the light of a stoppage, said to be for 48 hours, following a meeting of employees on the morning of 20 August 2009 which was addressed by the CFMEU Assistant Secretary, Mr McDonald. A toilet blockage had occurred on the site that morning but had been rectified by 10.00AM. Mr McDonald addressed a meeting of employees commencing at about 10.00AM and at the conclusion of the meeting all employee left the site.
Following a hearing on 21 August 2009 Commissioner Williams was satisfied that industrial action that was not protected industrial action was occurring and granted the application for an order that industrial action stop and that the union and employees not engage in industrial action. The order by Fair Work Australia will remain in force for a month from Friday 21 August 2009.