Case Number: C2008/2691
Applicant: Bilfinger Berger Services (Australia) Pty Ltd
Respondent: CEPU
Before: Senior Commissioner Blair, AIRC, Melbourne
Hearing Date: 20 August 2008
ABC Commissioner’s notice to intervene filed on: 1 August 2008
The matter concerned an application by Bilfinger Berger Services (Australia) Pty Ltd (BBSA) for orders pursuant to s.496 of the Workplace Relations Act 1996 to stop or prevent industrial action at the Viridian glass manufacturing plant at Dandenong.
The glass plant is undergoing a major shutdown with replacement and upgrading of equipment. BBSA is the major contractor for the project.
The application concerned industrial action in the form of bans on overtime and a “go slow” in support of a union collective agreement the CEPU is seeking to negotiate with BBSA. The CEPU initiated a bargaining period with BBSA and sought orders for the conduct of a protected action ballot. Those orders were granted but their operation has been stayed pending the outcome of an appeal against their issue.
Proceedings took place before Commissioner Blair on 20 August 2008 after earlier hearing dates had been adjourned at the applicant's request. Two witnesses give evidence for BBSA indicating that the industrial action had seriously delayed the project. Commissioner Blair said that he was satisfied that there was a ban on overtime and a "go slow" and that this constituted industrial action. The Commission decided to issue an order to operate from 20 August 2008 for a period of 6 weeks which was designed to operate for the remainder of the project.