Members of the Construction, Forestry, Mining and Energy Union approved taking a variety of measures against Bechtel in late July as part of the process to start protected industrial action under the Fair Work Act.

This led to the ongoing indefinite work stoppage against Bechtel which started on Thursday last week.

However, the FWC made an interim decision yesterday which ruled that this industrial action was not protected as Bechtel was not provided “with an opportunity to respond to the actions by making relevant preparations”.

While it consequently ordered for the industrial action to end the commission did give protected industrial action clearance for the CFMEU’s most recent notice to start an indefinite work stoppage from this Thursday.

The union’s industrial action, which has been based around the Gladstone ferry terminals that link workers to the three LNG projects on Curtis Island, had “no sign of giving up today” according to the Gladstone Observer.

Jade Ingham, the assistant state secretary of the Queensland and Northern Territory branch of the CFMEU, reportedly said workers were so fed up they would not stop protesting.

"The commission has made an order and we don't believe that order applies to this action and as such the protest is continuing," he told the newspaper.

"Until that point has been settled our view is that we don't have to change anything."

With the existing enterprise agreement expiring in June, the union is campaigning to switch Bechtel’s LNG project-building workforce from a four weeks on and one week off roster over to a more family-friendly three-and-one roster.

Bechtel’s revised enterprise agreement offer, with the secret ballot opening last night and running through to Thursday night, included a introducing a three-and-one roster but not until the second half of 2017 which has not satisfied the CFMEU.

“There have been comments saying that this three-and-one roster is simple to implement, but anyone who knows construction on the scale of these Curtis Island LNG projects would understand that’s not true,” Bechtel said of its latest offer.

The engineering giant is championing the following benefits in its revised agreement – which reportedly needs 50% approval plus one vote from 8000 eligible employees to pass:

• About a 13% increase in total earnings;
• Future increases of 2.5% each six months through the entire agreement;
• Back pay to 1 May (assuming the Agreement is accepted in this vote);
• Removal of all warnings for those who have previously taken unlawful industrial action (assuming the agreement is accepted in this vote);
• A commitment to remove “book in-book out” in the camp as soon as possible;
• A productivity allowance which is paid for each day they come to work;
• Existing travel allowance of $45/day will increase to $50 in November;
• Ferry allowance of $35/day; and
• The introduction of the Curtis Island LNG project productivity payment of $10/day employees attend work. This will increase to $30/day in November.

“The vast majority of our employees have continued to come to work on the projects during the industrial action and we hope we can return to normal work with this [FWC] order in place,” Bechtel said.

Two weeks ago, BG Group warned that industrial action could threaten the QCLNG project’s schedule of first LNG in late 2014.

Ingham has previously said he believes that the gas companies “will see reason” and play a role at some stage in the dispute.