The Federal Court at Sydney found on Friday that the Australian Workers Union (AWU) and its delegate Joseph O’Connor took unlawful industrial action at the Lake Cowal gold mine site, near West Wyalong in NSW in October and November 2005. Her Honour Justice Jagot found that the industrial action contravened s.38 of the Building and Construction Industry Improvement Act 2005, s.170MN of the Workplace Relations Act 1996 and the relevant Certified Agreement.
John Holland Engineering Pty Ltd was the head contractor engaged to carry out a $480 million construction project at the mine. John Holland provided meals, transport and accommodation to up to 300 workers at a specially constructed camp. The first incident of unlawful industrial action was taken between 15 and 17 October 2005 over food hygiene standards at the camp.
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 employees then went on strike for the rest of the day.
Jagot J. found that the actions of the AWU and Mr O’Connor in taking industrial action were unlawful on both occasions. Mr O’Connor was held to have taken “a leading role” in the industrial actions and encouraged and incited AWU members to go on strike. He acted as an agent on behalf of the AWU within the scope of his apparent authority.
A penalties hearing for the AWU and Mr O’Connor has been scheduled for 28 October 2008.
On 25 September 2008 penalties totalling $9,100 were imposed on the Construction Forestry Mining and Energy Union and one of its representatives for admitted unlawful industrial action in respect of the second strike.