Five unions and five union representatives have been named as respondents in an ABCC proceeding alleging unlawful industrial action at the Lake Cowal gold mine site.
The case relates to two strikes at the mine site. The first lasted for three days from 15 to 17
October 2005. The second occurred on 10 November 2005.
It is alleged that the first strike was in support of claims against John Holland concerning food and hygiene standards. An employee had complained about contaminated food. The Australian Industrial Relations Commission later found it was “not convinced” that the condition of the kitchen posed a health and safety risk.
The second strike on 10 November 2005 followed an authorised stop-work meeting at 10.30am on that day. The head contractor instructed employees to return to work as the meeting had exceeded its scheduled duration. The men then went on strike for the rest of the day. It is alleged the strike was called as a protest against the instruction.
The ABCC alleges the CFMEU, CFMEU Qld and the Federated Engine Drivers’ and Firemens’ Association of Qld, the AWU and AWU NSW, and the five representatives engaged in unlawful industrial action.
The proceeding is scheduled for its next directions hearing in the Federal Court at Sydney on 5 February 2008.
ABC Commissioner John Lloyd made the following statement.
“Alleged unlawful industrial action accounted for 25 per cent of the matters the ABCC has investigated since it was established on 1 October 2005,” Mr Lloyd said.
“Ten of the 21 cases that the ABCC has currently before the courts involve alleged unlawful industrial action.
“The ABCC will continue to enforce workplace laws in the building and construction industry.
“Unlawful industrial action results in substantial detriment to owners, contractors and employees and must not be tolerated.”