The Fair Work Commission has ruled that the union’s week-long industrial action against LNG plant-building contractor Bechtel was not protected under the Fair Work Act in several decisions over past days.
While the commission previously said the CFMEU’s most recent notice to start an indefinite work stoppage from midnight this morning did “not suffer from the same deficiencies as the earlier notices”, Bechtel said FWC also decided this was not protected in an order made yesterday afternoon.
The engineering giant has also successfully applied for a Federal Court injunction to stop the industrial action, however, the union has kept up its campaign.
“The continued, blatant disregard for the law by the CFMEU, not surprisingly is just another sign of how this union has attempted to railroad and derail the 10 months of negotiations for this new agreement,” Bechtel Gladstone general manager Kevin Berg said.
“The Federal Court of Australia has told them to stop this illegal action. They continue to ignore all levels of Australian law.”
Last week key strike organiser CFMEU assistant state secretary Jade Ingham confirmed to ENP that crane operators were participating in the industrial action.
“Everyone knows you can’t build a project without cranes so that’s going to have a fair degree of impact, without question,” Ingham said.
Yet Bechtel is claiming that work is continuing at the three LNG projects on the island – even though up to 2000 personnel have been absent a day over the past week.
“Despite the union actions, we continue to find productive work for our employees to avoid a stand-down,” Berg said.
“Our workers continue to return to work and take part in meaningful activity on our sites.”
Final votes on Bechtel’s revised enterprise agreement offer are expected by midnight, with a range of new financial incentives and other benefits included.
However, its introduction of a three-and-one roster – on which the union action is based – is not scheduled until the second half of 2017, which has not satisfied the CFMEU.
With the existing EA having expired in June, the revised one reportedly needs 50% approval plus one vote from 8000 eligible employees to pass.
Two weeks ago BG Group warned that industrial action could threaten the Queensland Curtis LNG project’s schedule of first LNG in late 2014.
Workers can each face fines of up to $10,000 for taking part in unlawful industrial action.