1 Fair Work Act 2009 s.418 - Application for an order that industrial action by employees or employers stop etc. Visy Board Pty Ltd v "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (C2017/4107) Manufacturing and associated industries COMMISSIONER MCKINNON MELBOURNE, 26 JULY 2017 Alleged industrial action at Visy Board Pty Ltd, Dandenong site – unprotected industrial action – interim order made under s.420. 1. TITLE This order shall be known as the Visy Board Pty Ltd – Interim Order 2017 (the Interim Order). 2. APPLICATION This order applies to work and employment regulated by the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2016 (the Agreement). 3. PARTIES BOUND The parties bound by this order are: 3.1 Visy Board Pty Ltd (the Company); and 3.2 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), its office holders and those of its delegates employed by the Company and engaged to perform work that is covered by the Agreement at 118 Hammond Road, Dandenong Victoria (the Site). PR594899 ORDER PR594899 2 4. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED 4.1 The AMWU, its office holders and those of its delegates employed by the Company at the Site must immediately stop, not engage in and not organise industrial action in respect of the Company’s operations at the Site. 4.2 For the purposes of this order, industrial action means a refusal by an employee to undertake rostered overtime as rostered each Thursday in accordance with the usual practice to roster three hours overtime at the completion of morning or afternoon shifts at the Site. It does not include: 4.2.1 protected industrial action within the meaning of section 408 of the Fair Work Act 2009; 4.2.2 action by employees that is authorised or agreed to by the Company; or 4.2.3 action by an employee if: (i) the action was based on a reasonable concern by 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 Company to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform. 5. SERVICE OF ORDER It will be sufficient service of this order upon the parties bound by this order if, as soon as practicable: 5.1 a copy is served on the Victorian Branch Secretary and the National Secretary of the AMWU in accordance with the Fair Work Commission Rules; and 5.2 a copy of this order is placed on the noticeboards usually used by the Company for the purposes of communicating with employees who are covered by the Agreement at the Site. PR594899 3 6. TERM AND DATE OF EFFECT This order shall come into effect at 12.01am on 27 July 2017 and shall continue in operation until the application in C2017/4107 is determined. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>