Case Number: C2008/2704
Applicant: Bovis Lend Lease
Respondent: CFMEU
Before: Senior Deputy President Watson, AIRC, Melbourne
Hearing Dates: 5, 6, 7, & 14 August 2008
ABC Commissioner’s notice to intervene filed on: 5 August 2008
The matter concerned an application by Bovis Lend Lease (BLL) for orders pursuant to s.496 of the Workplace Relations Act 1996 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 have been protesting at the proposed introduction by the company of an integrated electronic safety and security management system for construction sites known as “Blue Glue”.
Bovis Lend Lease has recently implemented the safety management system across its sites globally and in Australia, except in Victoria. “Blue Glue” is a core part of Bovis Lend Lease’s commitment to safety on sites. Features of the system include the use of a swipe card to activate a turnstile to gain entry to the site.
On 5 August 2008 when the Blue Glue system was to go “live” at the RCH site employees failed to enter the site following a meeting conducted by the two unions.
After hearings held on 5, 6 and 7 August 2008 before SDP Watson, the Commission granted an interim order on 7 August 2008 in favour of the company prohibiting 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.
Following further hearings SDP Watson handed down a decision on 3 September 2008 in which he made a final Order to apply for a period of 90 days prohibiting industrial action in the same manner as the interim order had.