1 Fair Work Act 2009 s.418 - Application for an order that industrial action by employees or employers stop etc. Toll Transport Pty Ltd trading as Toll Express v Transport Workers’ Union of New South Wales and the Transport Workers’ Union of Australia NSW Branch (C2017/1143) Road transport industry COMMISSIONER CAMBRIDGE SYDNEY, 2 MARCH 2017 Application for an Order that industrial action by employees or employers stop etc. 1. TITLE This Order shall be known as the Toll Express – Unprotected Industrial Action Interim Order No. 1 of 2017 (the Order). 2. APPLICATION This Order applies to work and employment regulated by the Toll Group – TWU Enterprise Agreement 2013-2017 (Agreement). 3. PARTIES BOUND The parties bound by this Order are: (a) Toll Transport Pty Ltd trading as Toll Express (Toll Express); (b) employees of Toll Express; (i) who are members, or eligible to be members, of the TWU; and (ii) who are employed at Toll Express’ Eastern Creek depot at 5 Southridge Street , Eastern Creek, New South Wales; and (iii) whose work and employment are regulated by the Agreement (the Toll Express Employees). PR590689 INTERIM ORDER PR590689 2 (c) the Transport Workers’ Union of New South Wales and the Transport Workers Union of Australia NSW Branch, including their office-holders and those of their delegates who are Toll Express Employees (TWU). 4. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED 4.1 The TWU must not organise any industrial action involving any of the Toll Express Employees. 4.2 Each of the Toll Express Employees must: (a) immediately stop engaging in, or threatening to engage in, industrial action; and (b) not continue, recommence or organise any industrial action during the period of operation of this Order. 4.3 For the purposes of this Order, the expression “industrial action” means action of any of the following kinds: (a) the performance of work by a Toll Express Employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by a Toll Express Employee, the result of which is a restriction or limitation on, or a delay in, the performance of the work; (b) a ban, limitation or restriction on the performance of work by a Toll Express Employee or on the acceptance of or offering for work by a Toll Express Employee; (c) a failure or refusal by a Toll Express Employee to attend for work or a failure or refusal to perform any work at all by Toll Express Employees who attend for work; but does not include the following: (d) protected industrial action within the meaning of section 408 of the Fair Work Act 2009; 5. SERVICE OF ORDER Without limitation as to other means of service, it will be sufficient service of this Order if: 5.1 a copy is sent by facsimile (or otherwise provided) to the State Secretary of the TWU; or 5.2 a copy of this Order is placed on the notice boards usually used for the purpose of communicating with the Toll Express Employees at the Eastern Creek depot PR590689 3 6. TERM AND DATE OF EFFECT This Order will come into effect from 6:00 pm AEDT on 2 March 2017 and will remain in force for a period of 2 calendar months. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>