Brookfield Multiplex test case prosecution

The Australian Building and Construction Commissioner (ABCC) recently commenced a high profile test case in the Federal Court against Brookfield Multiplex Limited (BML), the Construction Forestry Mining and Energy Union (CFMEU) and a CFMEU shop steward working at one of BML’s projects, Robert Mates.

The case was novel in that the ABCC alleged that both the CFMEU, and BML as the employer of Mates were liable for his alleged misconduct in breach of provisions of the FW Act and the BCII Act. Normally the ABCC would only pursue the union as being liable for the unlawful conduct of a shop steward/union delegate. Corrs maintained that there was no legal basis to find BML liable for the conduct of Mates in his capacity as a shop steward and acted for BML to resolve the matter as against BML including that the ABCC withdraw the proceeding against BML. Employers in the construction industry welcomed this outcome as any finding of liability against BML would have set an unfavourable precedent. They must however remain vigilant to ensure lawful on site conduct at all times as it remains open for the ABCC to pursue employers for the unlawful conduct of shop stewards in other appropriate cases.

DEEWR Fair Work legislation

Corrs has a long history of advising the federal government on industrial relations and employment law. It has played an integral role in the development of federal legislation since 2005, including the Building and Construction Industry Improvement Act 2005 (BCII Act) and the FW Act. In a two and a half year project, Corrs worked closely with the Department of Education, Employment and Workplace Relations to draft parts of the FW Act, including complex transitional arrangements and general protections provisions, provide advice on various policy implementation options and test provisions for potential unintended consequences.

Metropolitan Fire Emergency Services

The Metropolitan Fire Emergency Services (MFES) was under significant union pressure to include senior managers in a general operational staff agreement. Such an agreement would have significantly undermined the capacity of the MFES to implement its proposed cultural workplace change initiatives. Corrs successfully utilized new provisions in the FW Acct to obtain a scope order to ensure that both senior managers and middle managers would not be covered by the agreement.

Victorian Government – public sector bargaining

Corrs has, and continues to be a key advisor to government on public sector enterprise bargaining playing important roles in negotiating agreements with nurses, health professionals and public servants and assisting the State through courts and tribunals to stop or prevent industrial action that has significant impact on the community. Corrs has assisted the Victorian government in achieving bargained or arbitrated outcome consistent with its wages policy, and importantly maintaining the integrity of its budget in key areas of service delivery.

Qantas dispute: industrial action and lockout

On 29 October 2011, Qantas grounded its entire Qantas fleet (domestic and international). The decision to ground the fleet was made as part of the announcement that pilots, licensed engineers and baggage, ground and catering staff would be locked out by Qantas from 8pm, 31 October 2011 for an indefinite period. This announcement was in response to the ongoing industrial action and interruptions to operations.

Following the Qantas announcement the federal Minister for Workplace Relations, Senator Evans, announced that the Government would be making an application to Fair Work Australia (FWA) for the termination, or alternatively a suspension of all industrial action by both Qantas and the relevant unions.

The responsible Ministers of New South Wales and Victoria also applied to terminate the industrial action. Corrs assisted our clients in their applications.

Corrs advised the Victorian Department of Premier and Cabinet about the options available to the Victorian government to take steps to stop the threatened industrial action. We also subsequently appeared for the Victorian Minister for Employment and Industrial Relations at the hearing of the federal Government’s application; for the NSW Minister responsible for Workplace Relations; and on behalf of both the Victoria and NSW Ministers at FWA’s scheduled hearing before the full bench.

The FWA reached a decision and made orders to terminate the industrial action on the basis that a suspension would not provide sufficient protection against the risk of significant damage to the tourism industry.

This was a high profile dispute in which stakes were high for all concerned, including significant sections of the aviation and tourism industries. Our timely and effective response demonstrated Corrs’ capability and our involvement is evidence of the confidence that both governments have in Corrs.