Case Number: C2008/638,
Applicants: Worley Parsons Services Pty Ltd, Auscomm Pty Ltd, Primaweld Engineering Pty Ltd, GBG Concrete and Constructions
Respondents: AWU, AMWU & CEPU
Before: Commissioner Blair, AIRC, Melbourne
Hearing Dates: 3 & 4 December 2008
ABC Commissioner’s notice to intervene filed on: 3 December 2008
Worley Parsons is the principal contractor for the upgrade of the Santos - owned Patricia-Baleen gas plant at Newmerella in East Gippsland which has been the subject of industrial action, pickets and union protests over the employment of workers on employer/employee collective agreements.
Worley Parsons and three other companies with employees on the Patricia-Baleen site applied to the AIRC for orders to stop and prevent industrial action by employees and stop the unions from organising industrial action. This followed a stoppage by a number of employees following threats that they would be black banned when looking for future work if they did not resign from their current collective agreements.
Commissioner Blair issued an interim order that industrial action at the Patricia-Baleen site not occur. Section 496 provides that the Commission must make an interim order if the application cannot be heard and determined within 48 hours unless it would be contrary to the public interest to do so. The Commission's decision to make an interim order was based on the circumstances of the case whereby the unions claimed they did not have sufficient time within the 48 hour period to conduct a proper cross examination of the applicant's witness in the Commission proceedings.
The Commissioner was satisfied that the conditions required for an interim order to be made pursuant to s.496 had been met. The interim order will remain in force until 5.00PM on 9 January 2009.
Commissioner Blair will set a further date to consider the question of whether a substantive s.496 order is required.