48 hour strike at the South Walker Creek Mine Project

[1] This matter is an application by Thiess Pty Ltd (the Applicant) for an Order pursuant to s. 127(2) of the Workplace Relations Act 1996 (the Act). The Applicant sought for the Commission to make an Order directing the Applicant's employees, members of the Construction, Forestry, Mining and Energy Union (CFMEU) employed at the South Walker Creek Mine Project, to return to work as soon as possible to resume their rostered duties.

[2] The background to this matter is largely uncontested. The evidence of Mr G. Howe [1], Project Manager, was relied upon. On Monday 23 January 2006 at 6.30pm, approximately 49 employees held a stop-work meeting and voted in favour of taking a forty-eight hour strike, which commenced thereafter. It was reported that the industrial action was taken in support of an employee and Union delegate, Mr Kemble, who had been dismissed on Monday 23 January 2006, allegedly for his involvement in a physical altercation with another employee whose employment had also been terminated.

[3] Mr T. Conroy of the CFMEU conceded that the jurisdictional pre-requisites existed as a basis for the issuing of an Order as sought pursuant to s. 127(2) of the Act, and that the industrial action was occurring.

[4] The parties requested a conference with the Commission to resolve the matter. The terms of the Order were settled by agreement.

[5] The jurisdictional pre-requisites for the making of an Order pursuant to s. 127(2) of the Act have been met. On the material tendered to the Commission, industrial action in accordance with s. 4 of the Act was happening. The industrial action was in regard to work covered by a Certified Agreement [2], and the Applicant was a party directly affected by the industrial action. The evidence of the Project Manager, Mr Howe, confirmed that the lost production was estimated to result in lost revenue at a cost of approximately $290, 000 per day, in addition to penalties under the contract.

[6] It was agreed between the parties that the legislative basis for the issuing of an Order pursuant to s. 127(2) existed. An agreement was reached with respect to the wording of clause 5 of the Order, 'Term and Date of Effect'. The clause provides for the activation of the Order in the following terms:

"This Order shall take effect at 5.30am on 25 January 2006 in respect of all work plant and workshop employees who are rostered to commence work at that time, and at 6.30am on 25 January 2006 in respect of all other employees who are rostered to commence work at that time, and shall remain in force until 5.00pm on 8 February 2006, provided that this Order shall not take effect if there shall have been a full return to work by all employees, comprising those two groups of employees, at their respective rostered commencement times on 25 January 2006, and further provided that all employees to whom this Order applies refrain from taking industrial action prior to 5.00pm on 8 February 2006."

[7] The legislative basis for the issuing of the Order existed. Accordingly, the Order was issued on the agreed basis in PR967879.

Printed by authority of the Commonwealth Government Printer

[2] Thiess South Walker Creek Agreement 2004 [AG833613 PR945 819]