Case Number: VID 681 of 2008
Applicant: Bovis Lend Lease Pty Ltd
Respondents: CFMEU & CEPU
Before: Middleton J, Federal Court of Australia, Melbourne
Hearings: 28 August 2008
ABC Commissioner’s notice to intervene filed on: 28 August 2008
On 7 August 2008, Senior Deputy President Watson made an order in the AIRC upon the application of Bovis Lend Lease (BLL) pursuant to s.496 of the Workplace Relations Act 1996 (WR Act) to stop or prevent industrial action at 3 sites at Melbourne’s Docklands precinct and the new Royal Children’s Hospital (RCH) site at Parkville.
The application concerned industrial action at the four sites where the unions were protesting at the proposed introduction by the company of an integrated electronic safety and security management system for construction sites known as “Blue Glue”.
The interim order by the AIRC prohibited industrial action including failing or refusing to obtain a swipe card and failing or refusing to attend work in protest at BLL’s decision to introduce the Blue Glue card system.
On 28 August 2008, BLL was intending to implement the Blue Glue system at the ANZ Dockland site, however, following union meetings at all sites employees went on strike. BLL applied to the Federal Court pursuant to s.494 of the WR Act for injunctive relief and seeking common law damages and penalties pursuant to s.407 of the WR Act.
Following an urgent hearing in the Federal Court on 28 August 2008 before Justice Middleton in which the ABCC intervened, the court issued an order that industrial action stop and that the unions withdraw all authorisation and advice for the taking of unprotected industrial action or any stoppage of work on the BLL sites.
Following mediation by the Court’s District Registrar, the parties reached agreement on the terms by which Blue Glue will be implemented. The ABCC and the unions also agreed that the ABCC will issue an Application in the Federal Court for the imposition of penalties for contravention of s.38 of the Building and Construction Industry Improvement Act 2005 against the unions and certain officers or organisers relating to events on specified days on the sites between 23 May and 1 September 2008. This will include a joint application to the Court for the imposition of penalties agreed between the parties for the admitted contraventions.