Case Number: VID 792 of 2008
Applicant: CFMEU & CEPU
Respondents: Bovis Lend Lease Pty Ltd
Before: Gordon J, Federal Court of Australia, Melbourne
Hearings: 29 September 2008
ABC Commissioner’s notice to intervene filed on: 29 September 2008
On 23 September 2008, Bovis Lend Lease Pty Ltd (BLL) and the CFMEU and CEPU reached agreement on the implementation of an integrated electronic safety and security management system for construction sites known as “Blue Glue” across its sites in Victoria. The agreement followed a hearing and mediation in the Federal Court of Australia.
Industrial action in protest at the introduction of the Blue Glue system in Victoria had led to extensive proceedings in the Australian Industrial Relations Commission and orders by the AIRC 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.
On 24 September 2008 discussions between BLL and the unions indicated a difference of opinion between the parties as to whether their agreement allowed for photographs of workers to be taken for the purposes of induction records. The unions were of the view that the agreement required that no photographs of workers, even for induction purposes, would be taken.
Having failed to obtain an undertaking from BLL that it withdraw its requirement that workers have their photographs taken, the unions filed an application in the Federal Court on 26 September 2008 seeking an injunction to prevent BLL from taking photographs.
Arising from a hearing before Justice Gordon on 29 September 2008, BLL and the unions are to participate in mediation on 6 October 2008. If mediation is unsuccessful, a hearing will take place in the Federal Court before Justice Gordon on 30 and 31 October 2008.