Pluto contractors to sue workers for strike damages

By Debbie Guest, The Australian, posted February 19, 2010 12:00AM

THIRTEEN contractors at Woodside's $12 billion Pluto project have thrown down the gauntlet to Pilbara unions, telling a Federal Court judge they would be ready in April to sue more than 1600 of their employees for taking part in a wildcat strike that could see them slapped with individual fines of $22,000.

The contractors are suing the 1668 workers and said yesterday they also planned to pursue them for damages, expected to run into tens of millions of dollars.

The workers were not represented in court and nor were the three unions whose members took part in the illegal action in January.

The actual damages bill from the eight-day strike over an accommodation dispute known as "motelling" will not be known until the project is completed.

The contractors' lawyer, Konrad de Kerloy, told Federal Court judge Neil McKerracher yesterday they would be ready for an April trial.

The action is similar to that taken by the Australian Building and Construction Commission in 2006 against workers at the Perth to Mandurah railway. In that case, 91 workers were found to have taken illegal strike action and were fined about $10,000.

Mr de Kerloy told the court yesterday all 1668 workers would receive a letter telling them they had the right to access the material.

The details of the impending trial came as the contractors successfully won an extension of an injunction against the workers taking industrial action.

Justice McKerracher granted an extension until the trial began, but on the condition that mediation occurred. He said material filed by the contractors showed there was a "real risk" of further industrial action.

The injunction extension means if the workers take industrial action they will be in contempt of court and face the possibility of jail or fines.

URL: http://www.theaustralian.com.au/business/mining-energy/pluto-contractors-to-sue-workers-for-strike-damages/story-e6frg9ef-1225831965650