Broad Construction Services (WA) Pty Ltd v Construction, Forestry, Mining and Energy Union

[2013] FWC 8397

[2013] FWC 8397

FAIR WORK COMMISSION

INTERIM DECISION

Fair Work Act 2009
s.418—Industrial action

Broad Construction Services (WA) Pty Ltd
v
Construction, Forestry, Mining and Energy Union
(C2013/6495)

DEPUTY PRESIDENT MCCARTHY PERTH, 24 OCTOBER 2013

Application for an order that industrial action by employees or employers stop etc.

[1] Broad Construction Services (WA) Pty Ltd (Broad) lodged an application electronically for an order to stop unprotected industrial action at approximately 6:30pm on Tuesday, 22 October 2013. I heard the application at 11:00am on Wednesday, 23 October 2013.

[2] Broad asserted that unprotected industrial action had occurred at the Perth Airport T1 expansion site on the morning of Tuesday, 22 October 2013 from approximately 6:00am until approximately 10:30am. At the time of the hearing it was not asserted that industrial action was happening.

[3] Evidence was given by four persons for Broad about the industrial action.

[4] Transcript of the proceedings was provided to me about 1:00pm on Thursday, 24 October 2013. At this stage I have not had the benefit of reading the transcript, however I have formed views in respect of whether unprotected industrial action is happening, is threatened impending all probable, or is being organised.

[5] It is my intention to give detailed reasons for the view that I have formed. This determination is made at this time in compliance with the obligations of s.420 of the Fair Work Act 2009.

[6] It does not appear to me, indeed neither was it asserted, that unprotected industrial action is happening

[7] It also does not appear to me that unprotected industrial action is threatened, impending or probable.

[8] Further, it does not appear to me that unprotected industrial action is being organised.

[9] This determination is final. The reasons for the determination will be issued in the next few days and after I have had an opportunity to review the transcript of the proceedings.

DEPUTY PRESIDENT

Appearances:

Mr A. Kennedy and Mr M. Stutley of K&L Gates for the Applicant.

Ms S. Walker of the Construction, Forestry, Mining and Energy Union for the Respondent.

Hearing details:

2013.

Perth:

October 22.

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