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Kaefer Integrated Services Pty Ltd v AMWU and CFMEU

Case Number: C2008/2021
Applicant: Kaefer Integrated Services Pty Ltd
Respondents: AMWU and CFMEU
Before: Deputy President McCarthy, AIRC, Perth
Hearing Dates: 29 & 30 April, 5 May, 2008
ABC Commissioner’s notice to intervene filed on: 29 April 2008

Kaefer Integrated Services, a multi service contractor which undertakes insulation, sheetmetal, scaffolding, painting and associated works for Woodside Energy Ltd, sought orders to stop industrial action following strike action by employees at Woodside’s North West Shelf LNG Phase V Expansion project at the Burrup Peninsula, WA.

Following hearings in the AIRC on 29 and 30 April 2008, McCarthy DP ruled that he was unable to determine the application for an order within the 48 hour time limit in the Workplace Relations Act 1996. His Honour also ruled that it would not be in the public interest to make an interim order that day.

Further submissions were made to the AIRC on 5 May. Both Kaefer and the ABCC submitted that further industrial action was probable and that an order should be made that industrial action not occur.

On 9 May the AIRC issued a decision that it was satisfied that industrial action was probable. The Commission made an order binding those employees who had taken specific industrial action in the past. It was ordered that further industrial action not occur for the remainder of Kaefer’s involvement in the project, namely 31 August 2008.