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Worley Parsons Services Pty Ltd and Others v CFMEU


Case number: C2009/2273 
Applicant(s): Worley Parsons Services Pty Ltd, Auscomm Pty Ltd, Primaweld Engineering Pty Ltd, GBG Concrete and Constructions 
Respondent(s): CFMEU 
Site: Patricia-Baleen gas plant, Newmerella  
Jurisdiction: AIRC 
Before: Senior Deputy President Acton 
Hearing date:
13 & 26 February 2009
Intervention filed on: 13 February 2009 

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.

In December 2008 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 AWU, AMWU and CEPU 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 and on 7 January 2009, the Commission conducted further proceedings and made an order that industrial action not be taken or organised. The order is to remain in place until 9 September 2009.

In early February 2009, an official of the CFMEU began attending near the site to speak to employees and encourage them to take industrial action in support of a union agreement. On 12 February Worley Parsons and its contractors at the site applied to the AIRC for an order to stop the CFMEU organising industrial action.

At a hearing on 13 February 2009, the CFMEU informed the Commission that it was not in a position to produce a key witness. In those circumstances, Senior Deputy President Acton made an interim order that the CFMEU and its officers, employees and agents must not organise a union meeting during working hours of employees at the Patricia - Baleen gas plant site.

Following a further hearing on 26 February 2009, Commissioner Blair decided to make an order in relation to the CFMEU in similar terms to that made in December in respect of the AWU, AMWU and CEPU. The order is to remain in place until 9 September 2009.