ORDER

Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.

Lendlease Building Pty Ltd T/A Lendlease Building
v
Construction, Forestry, Mining and Energy Union
(C2016/5890)

Alleged industrial action at Lendlease Building Pty Ltd by subcontractor employees.

1. TITLE

1.1 This Order shall be known as the Lendlease Industrial Action QLD and NT – September 2016 Order (Order).

2. APPLICATION AND PARTIES BOUND

2.1 This Order is binding on and applies to:

(a) The Construction, Forestry, Mining and Energy Union (CFMEU);

(b) the officers, delegates, employees and agents of the CFMEU who come into contact with or have any responsibility for CFMEU members who:

(i) are employed by the Applicant, or any of the entities listed in Schedule 1 (the Subcontractors); and

(ii) are employed in Queensland or the Northern Territory,

(collectively, the CFMEU Representatives); and

(c) the employees of the Subcontractors who perform work at the following building and construction sites (the Subcontractor Employees):

(i) Growler Airborne Attack Facility Project located at RAAF Base Amberley, Southern Amberley Rd Amberley QLD 4306;

(ii) James Cook University’s ‘The Science Place’ located at James Cook University, James Cook Drive, Townsville;

(iii) Kings Co-op Project located at 479a St Pauls Tce, Bowen Hills, Qld;

(iv) Sunshine Coast University Hospital Project located at Kawana Way Birtinya QLD 4575;

(v) Sunshine Plaza redevelopment project located at Sunshine Plaza, Maroochydore QLD 4558; and

(vi) “The Yards” Project located at 10 Costin Street, Fortitude Valley QLD 4006 (the Sites).

3. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED

3.1 All persons and organisations bound by this Order must stop and/or not engage in and/or not organise industrial action as defined in s.418 of the Fair Work Act 2009 in respect of the Lendlease Building Pty Ltd (Lendlease) operations at the Sites.

3.2 The CFMEU must immediately stop organising, and not further organise, any Industrial Action by the Subcontractor Employees at the Sites.

3.3 Each of the CFMEU Representatives must immediately stop organising, and not further organise, Industrial Action by the Subcontractor Employees at the Sites.

4. DEFINITION OF INDUSTRIAL ACTION

4.1 For the purposes of this Order, the expression “Industrial Action” means action of any of the following kinds:

(a) a ban, limitation or restriction on the performance of work by an employee, or on the acceptance of or offering for work by an employee;

(b) a failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work.

4.2 For the purposes of this Order, the expression “Industrial Action” does not include:

(a) action by employees that is authorised or agreed to by the employer; or

(b) action by an employee if:

(i) the action was based on a reasonable concern of the employee about an imminent risk to his or her health or safety; and

(ii) the employee did not unreasonably fail to comply with a direction of the employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform; or

(c) protected industrial action.

5. SERVICE OF ORDER

5.1 Without limitation as to other means of service, it will be sufficient service of this Order upon the parties bound by this Order if:

(a) service of this Order on the CFMEU and the CFMEU Representatives is to be effected by sending a facsimile to the National Secretary of the CFMEU, Michael O’Connor, at 03 9274 9284 and CFMEU Representative, Dave Noonan, at 02 8524 5801.

(b) a copy of this Order is placed on the noticeboards usually used by Lendlease for the purposes of communicating with the Subcontractor Employees defined in clause 2 of this Order.

5.2 In addition to the service requirements in clause 5.1, Lendlease or each of the Subcontractors is required to send a text message or email to each of the Subcontractor Employees in the following terms, and attach a copy of the Order:

“The Fair Work Commission has issued a section 418 order to stop or prevent Industrial Action. The Order is called the Lendlease Industrial Action QLD and NT – September 2016 Order.

The Order requires that there be no further Industrial Action (including but not limited to bans, limitations and restrictions on work), for up period up to and including 31 December 2016, by:

The employees of the Subcontractors, who perform work at the following building and construction sites:

Growler Airborne Attack Facility Project located at RAAF Base Amberley, Southern Amberley Rd Amberley QLD 4306;

James Cook University’s ‘The Science Place’ located at James Cook University, James Cook Drive, Townsville;

Kings Co-op Project located at 479a St Pauls Tce, Bowen Hills, Qld;

Sunshine Coast University Hospital Project located at Kawana Way Birtinya QLD 4575;

Sunshine Plaza Redevelopment Project located at Sunshine Plaza, Maroochydore QLD 4558; and

“The Yards” Project located at 10 Costin Street, Fortitude Valley QLD 4006

The Order applies to each of these persons. A copy of the Order is attached for your reference.”

6. TERM AND DATE OF EFFECT

6.1 This Order shall come into effect at 6.30pm on 6 October 2016 and shall cease to have effect at 5.00pm on 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C>

Schedule 1 – Subcontractors to the Applicant

Growler Airborne Attack Facility Project located at RAAF Base Amberley, Southern Amberley Rd Amberley QLD 4306

(1) DBS QLD Pty Ltd
(2) Stowe Australia Pty Ltd
(3) Mack Steel Fixing Pty Ltd
(4) Oneform Pty Ltd
(5) Shepcon QLD Pty Ltd

James Cook University’s ‘The Science Place’ located at James Cook University, James Cook Drive, Townsville

(6) AE Smith & Son (SEQ) Pty Ltd
(7) Casa Engineering (Brisbane) Pty Ltd
(8) G James Australia Pty Ltd
(9) Metalrig Pty Ltd
(10) MK Floors QLD Pty Ltd
(11) Nilsen Pty Ltd
(12) Schindler Lifts Australia Pty Ltd
(13) NQUT Pty Ltd

Sunshine Plaza redevelopment project located at Sunshine Plaza, Maroochydore QLD 4558

(14) Keller Foundations Pty Limited
(15) Northside Demolitions Pty Limited
(16) Tacoma Plumbing and Drainage Pty Ltd

The Yards” Project located at 10 Costin Street, Fortitude Valley QLD 4006

(17) Talbrace Steel Fixing Pty Ltd
(18) Heinrich Constructions Pty Ltd
(19) Placecorp (Australia) Pty Ltd
(20) ECB Scaffolding Pty Ltd
(21) Schindler Lifts Australia Pty Ltd
(22) VT Services Contracting Pty Ltd
(23) Freshmore (Qld) Pty Ltd t/a Advanced Precast (Aust)
(24) SRG Building (Northern) Pty Ltd (LL ALLIANCE)
(25) F.T.F Pty Ltd
(26) Podium Glazing (Qld) Pty Ltd.
(27) Lack Group Construction Pty Ltd
(28) Hosken Site Steel Pty Ltd
(29) Baron Forge Contractors Pty Ltd
(30) Tacoma Plumbing and Drainage Pty Ltd
(31) Blue Star Pacific Pty Ltd
(32) Aluminium Balustrades (Burleigh Heads) Pty Ltd
(33) Venmist Pty Ltd
(34) Triple M Fire Pty Ltd
(35) Wadsworth Contracting Pty Ltd
(36) Polyseal Waterproofing Qld Pty Ltd
(37) Tilecorp Pty Ltd
(38) Ashmore Joinery (Gold Coast) Pty Ltd
(39) MK Floors QLD Pty Ltd

Sunshine Coast University Hospital Project located at Kawana Way Birtinya QLD 4575

(40) AE Smith & Son (SEQ) Pty Ltd
(41) Gordon Clements Nominees Pty Ltd T/A Calty Constructions
(42) Global HR Pty Ltd
(43) Beavis & Bartels Pty Ltd
(44) Landscape Solutions Commercial Pty Ltd
(45) LCE Queensland Pty Ltd
(46) Nilsen (Qld) Pty Ltd
(47) Darcy Robinson T/A Robrand Project Support Services (ABN: 37249627622)
(48) A.F. Sarri Pty. Ltd. T/A Sarri Painters
(49) Stowe Australia Pty Ltd

Kings Co-op Project located at 479a St Pauls Tce, Bowen Hills, Qld

(50) Heinrich Construction Queensland Pty Ltd
(51) VT Services Contractors Pty Ltd
(52) Beavis & Bartels Pty Ltd
(53) Talbrace Steel Fixing Pty Ltd
(54) Northside Demolitions Pty Limited
(55) QR Contracting Pty Ltd
(56) Specialised Concrete Pumping Pty Ltd
(57) Q Electrical Services Pty Ltd
(58) The trustee for The O'Brien Unit Trust T/A Cogent Scaffolding
(59) The trustee for The Churinga Trust T/A L&D Contracting
(60) Gordon Clement's Nominees Pty Ltd T/A Calty Constructions
(61) Jensen Bowers Unit Trust T/A Jenson Bowers Group Consultants