On 22 January 2010, employees of a number of contractors engaged in on-site construction work at Woodside’s Pluto liquefied natural gas plant project at the Burrup peninsula in Western Australia’s North West went on strike in protest at changes to accommodation arrangements for workers on the project. AGC Industries Pty Ltd (AGC) and three other contractors applied to Fair Work Australia (FWA) on 22 January 2010 for orders pursuant to s.418 of the Fair Work Act 2009.
In proceedings before FWA on 23 January 2010, Commissioner Cloghan made an interim order that industrial action not occur and not be organised. The interim order came into force at midnight 24 January 2010 and remains in effect until 28 February 2010.
Early on the morning of 27 January 2010 employees of various contractors held a meeting where it was resolved to remain on strike until Saturday 30 January 2010.
In light of the contravention of the order made by Commissioner Cloghan, United Resources Group and twelve other contractors applied to the Federal Court of Australia on 27 January 2010 for injunctive relief, penalties and compensation.
At a hearing held in the afternoon of 27 January 2010, Justice McKerracher ordered that the employee respondents return to work and that unlawful industrial action and pickets cease. The order was to apply until 5.00 pm (WST) on Friday 5 February 2010. At a hearing on 5 February 2010, his Honour extended the order until 18 February 2010 at which time a further hearing took place. The orders will now continue until the end of the trial. At a further directions hearing on 25 February 2010 the court parties discussed the question of legal representation for the employees involved and the prospect of mediation. On 2 June 2010 the Court heard arguments concerning whether respondents had been appropriately served with notices of the application to the Court.
The represented respondents have admitted liability. The matter will proceed to a penalty hearing at a date to be advised by the court.
On 30 September 2011 McKerracher J ordered judgment on liability in favour of the applicants as against all respondents. The matter will now proceed to a penalty hearing commencing on Tuesday 13 December 2011.