Case Number: C2008/2033
Applicant: Project Support Services Asia Pty Ltd
Respondent: CFMEU & AMWU
Before: Deputy President McCarthy, AIRC, Perth
Hearing Dates: 18 & 19 June 2008
ABC Commissioner’s notice to intervene filed on: 18 June 2008
An application by Project Support Services Asia Pty Ltd (PSS) under section 496 of the Workplace Relations Act 1996 for orders to stop or prevent industrial action by employees of PSS and another contractor, Company Solutions Pty Ltd (CS), engaged to carry out a major maintenance shutdown project at the liquid ammonia plant on the Burrup Peninsula, North West Western Australia.
On 17 June 2008, employees failed to attend for work and attended a meeting that was addressed by officials of the CFMEU and AMWU. Following the stoppage most employees involved in the stoppage decided to discontinue their employment with the two companies. A small number of remaining employees returned to work.
In the proceedings before the AIRC, the companies submitted that further industrial action was threatened or probable. The unions acknowledged that there had been a stoppage of work but disputed there had been any organising by the unions of that stoppage.
The Commission concluded that there was insufficient evidence that the union officials had incited or encouraged the employees to continue the stoppage. It did not appear that either the AMWU or the CFMEU was organising industrial action nor was there any industrial action that was threatened, impending or probable. Accordingly, the Commission dismissed the application.
Related Documents:
AIRC Decision 557, PR982141