A BLOCKADE at a Melbourne construction site could continue after a Federal Court judge said he would restrain the involvement of a union but not community protesters.
The Fair Work Building and Construction Inspectorate has been granted an interlocutory injunction restraining the AMWU, its employees and organisers from involvement in the protest at the Werribee water treatment plant.
A group of unemployed locals who call themselves the District Western Alliance Group has been protesting since last week against the employment of four Filipino workers on 457 visas at the site.
The building watchdog alleges AMWU organiser Tony Mavromatis was involved in the protest calling for local workers to be employed instead of foreigners, breaching a provision of the Fair Work Act which prohibits action to coerce someone not to employ a particular person.
The union has denied allegations it is behind the blockade, which has forced workers to be flown onto the site by helicopter.
In the Federal Court in Melbourne on Thursday, Justice Shane Marshall said there was sufficient evidence, even on Mr Mavromatis' own account, that he may have breached the act.
He restrained the union from preventing access to the construction site or encouraging others not to enter or work there, until the hearing of a trial.
But the judgment has no impact on the community protesters, he says.
"This judgment is not about the rights and wrongs of the employment of foreign nationals in circumstances where Australian citizens are out of work and available for that same employment," he said.
"It is also not about the rights and wrongs of the actions taken by community protesters."
Contractor Tedra's director Alan Atchison said he had no comment on the court decision, but looked forward to work resuming.
"Tedra's only concern is getting back to work on our project," he told AAP.
"We hope the blockade will be unwound as soon as possible."
Mr Mavromatis claims he only made contact with the protesters after being repeatedly asked to by the company's industrial relations consultant Grace Collier.
He says discussions with management regarding the protest were designed to facilitate a resolution of the issue and did not amount to support of demands for the removal of the Filipino workers.
Ms Collier says Mr Mavromatis told her: "Give these blokes a job and the picket will end."
The watchdog is seeking pecuniary penalties against the union and Mr Mavromatis, as well as compensation for losses suffered by the action.
It wants to use conversations secretly recorded by Ms Collier, on a device hidden in her bra, as evidence of the union's involvement.
Justice Marshall previously said he had grave concerns about the evidence, asking whether Ms Collier thought "she was in a James Bond movie".
On Thursday, he said the recordings had been inadequately transcribed and could not be relied upon.
The matter will return to court for a directions hearing next month.
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