Case Number: C2008/2484
Applicant: Abigroup Contractors Pty Ltd
Respondent: CFMEU
Before: Commissioner Blair, AIRC, Melbourne
Hearing Dates: 16, 19 & 28 May 2008
ABC Commissioner’s notice to intervene filed on: 16 May 2008
An application by Abigroup Contractors Pty Ltd under section 496 of the Workplace Relations Act 1996 for orders to stop or prevent industrial action in relation to an industrial dispute between the company and the CFMEU concerning industrial action by CFMEU members engaged on work at the Geelong Bypass Project, Southern Link Upgrade Project and the Monash Freeway Upgrade Project in Melbourne.
In early May 2008, Abigroup advised its employees and employee representatives that it had effectively completed its contractual obligations for the Geelong project and would need to address redundancy issues. The issues discussed included the procedures for employees to apply for other employment opportunities with Abigroup on another project, the Monash Freeway Upgrade.
On 16 May, CFMEU officials addressed meetings of Abigroup employees at the Geelong and the Monash Freeway projects. Following the meetings, the Abigroup employees went on strike.
Conciliation proceedings took place before Commissioner Blair on 16 May without any order being made and without resolution of the dispute. However, following a resumption of work by employees on 19 May, further proceedings in the AIRC were adjourned.
Following further industrial action on the morning of 28 May, 2008 proceedings were resumed before Commissioner Blair that afternoon. The Commission found that it was unable to determine the matter within the time required by the Act but as it appeared that industrial action was probable, issued an interim order to remain in effect until 28 June 2008.
On 17 June, 2008 the company advised the Commission that it would not seek a substantive order upon the expiry of the interim order.