WorleyParsons is the principal contractor for the upgrade of the Santos-owned Patricia-Baleen gas plant at Newmerella in East Gippsland, Victoria. This site has been the subject of industrial action, pickets and union protests over the employment of workers on employee collective agreements.
In December 2008 WorleyParsons and three other contractors with employees on the Patricia-Baleen site applied to the AIRC for orders to stop and prevent industrial action by employees and to stop and prevent the AWU, AMWU and CEPU from organising industrial action. This followed a stoppage and threats that employees would be black banned when looking for future work if they did not resign from their current collective agreements.
Commissioner Blair ordered on 7 January 2009 (PR985236) that industrial action not be taken or organised by the three unions and named individuals until 9 September 2009. The named individuals included Mr Peter Mooney, an organiser with the CEPU. On 26 February 2009 Commissioner Blair made an order in relation to the CFMEU in similar terms to that made in respect of the AWU, AMWU and CEPU.
On 27 March 2009 a group of about 30 people arrived by bus at the site. Among the group was Mr Mooney. The group then directed protest action against the workers as they arrived to work at the plant.
WorleyParsons and the other contractors on the Patricia-Baleen site applied to the Federal Court for injunctions restraining the CEPU and Mr Mooney from engaging in conduct in breach of the order made by the AIRC.
At a hearing on 6 April 2009 Marshall J concluded that it appeared that the AIRC's orders had prima facie been breached. The court made interlocutory orders that the CEPU and Mr Mooney be restrained from organising industrial action or threatening, coercing or intimidating any employee. By consent of the parties the proceedings were discontinued on 10 December 2009.