Worley Parsons is the principal contractor for the upgrade of the Santos - owned Patricia-Baleen gas plant at Newmerella in East Gippsland which has been the subject of industrial action, pickets and union protests over the employment of workers on employer/employee collective agreements.
Worley Parsons and three other companies with employees on the Patricia-Baleen site applied to the AIRC for orders to stop and prevent industrial action by employees and stop the unions from organising industrial action. This followed a stoppage by a number of employees following threats that they would be black banned when looking for future work if they did not resign from their current collective agreements.
Commissioner Blair issued an interim order that industrial action at the Patricia-Baleen site not occur. Section 496 provides that the Commission must make an interim order if the application cannot be heard and determined within 48 hours unless it would be contrary to the public interest to do so. The Commission's decision to make an interim order was based on the circumstances of the case whereby the unions claimed they did not have sufficient time within the 48 hour period to conduct a proper cross examination of the applicant's witness in the Commission proceedings.
The Commissioner was satisfied that the conditions required for an interim order to be made pursuant to s.496 had been met. The interim order will remain in force until 5.00PM on 9 January 2009.
On 7 January 2009, the Commission conducted further proceedings to consider whether a substantive order should be made. Commissioner Blair found that industrial action was still being organised and that he was satisfied that he should make an order that industrial action not be taken or organised. The order is to remain in place until 9 September 2009.