On 28 July 2006, Total Corrosion Control (TCC) applied to the Federal Court of Australia for injunctions and penalties against the AMWU and 40 employees for unlawful industrial action under s.38 BCII Act and breach of an order by the Australian Industrial Relations Commission on 21 July 2006 that industrial action not occur at the Alcoa refinery at Pinjarra where TCC employees were engaged in contract work.
Directions hearings were held before Justice Nicholson on 28 September, 27 October and 2 November 2006. The parties subsequently agreed to consent orders that the company’s applications be withdrawn on the basis of undertakings by the union and employees to not engage in any industrial action at any of the Alcoa refineries until 30 June 2007. In the event of any respondent failing to comply with the undertaking the company may immediately apply to the Court for orders and a relisting of the matter.