Conneq Infrastructure Services (Australia) Pty Limited v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU)
[2011] FWA 1098
•18 FEBRUARY 2011
[2011] FWA 1098 |
|
DECISION |
Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.
UGL Resources Pty Ltd; Conneq Infrastructure Services (Australia) Pty Limited
v
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Construction, Forestry, Mining and Energy Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(C2011/3325)
Building, metal and civil construction industries
COMMISSIONER ASBURY | BRISBANE, 18 FEBRUARY 2011 |
Industrial action by employees at site of Project Aurora.
[1] The following Decision (now edited) was issued during proceedings on 15 February 2011.
“Having considered the evidence and the submissions in this matter, I have come to the conclusion that notwithstanding that there appear to be some genuine occupational health and safety issues that have been agitated by the employees, I am unable to accept that employees the subject of this application have reasonable concerns about an imminent risk to their health or safety in relation to those issues. I am also of the view that the manner in which the issues have been agitated is unacceptable.
I have clear and unequivocal evidence of actual industrial action taking place at the UGL/Conneq Infrastructure Services ammonium nitrate facility project. There is an enterprise agreement, the Project Aurora Agreement 2010, in effect and binding on the employees concerned and that agreement has not passed its nominal expiry date. Accordingly, the action taken by the employees is not protected industrial action and in that case an order must issue.
I am not satisfied that any of the respondent unions or their paid officials and employees have incited or encouraged the action. This is particularly so when the employers have refused to allow an official of one of the unions onto the site to have discussions with the employer about the issues giving rise to the industrial action. I propose to issue the order. However, I do not intend to make it binding on the unions or their paid officials or employees, other than with respect to placing obligations on them to communicate the fact that the order has been made with their members and delegates. I also do not intend to specifically name delegates in the order. I think it is sufficient to indicate that it is binding on them as employees and in their capacity as delegates.
I have also decided to make the order operative for a period of 28 days. In coming to this conclusion, I am of the view that the issues can be resolved with some discussions between the parties and that some steps have already been taken. I would request that employees note that this resolution would have been achieved without any loss of wages and any disruption to the project had they utilised the disputes procedure, including bringing the dispute to Fair Work Australia if required. Employees should also note that any further unprotected industrial action throughout the remainder of this project may attract orders of a longer duration, up to and including the remainder of the project.”
[2] The Order was issued by Fair Work Australia [PR506808] and came into effect from 12.00 Midnight on Tuesday, 15 February 2011 and will remain in force for a period of twenty-eight days.
COMMISSIONER
Appearances:
Mr V. Rogers, Ms T. Gillies, Mr P. Copeland, Mr G. Summors and Ms K. Thompson on behalf of the Applicant.
Ms J. Campbell on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
Mr J. McQueen on behalf of the Construction, Forestry, Mining and Energy Union.
Ms K. Inglis on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
Hearing details:
2011.
Brisbane:
February 15.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR506902>
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