PR930630 PR930630 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.127 (2) application to stop or prevent industrial action Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union -and- Airport Doors Pty Ltd (C2003/1886) Various employees Metal Industry COMMISSIONER BLAIR MELBOURNE, 24 APRIL 2003 Application for an order to stop or prevent industrial action regarding contracts of employment and the agreed numeration for carrying out work. STATEMENT AND RECOMMENDATION [1] The following statement (now edited) was given after a conference between the parties during a hearing of the above matter which took place before the Commission on 15 April 2003: [2] "The Commission has had consideration of the application under s127 and, as indicated on transcript, it sees basically two issues regarding industrial action. One issue is that the employer in not complying with the EBA, may constitute industrial action, but the other issue, non-payment of wages for employees that attended the Commission, does not constitute industrial action by the employer. [3] The Commission does have a concern about any action in relation to a shop steward. Mr Ironmonger of VECCI, on behalf of the employer, said that the company has said that there is no threat against the employment of a shop steward. However, the shop steward hasn't been paid for the time in which he attended the Commission hearing. Custom and practice seems to be that they do get paid for attending Commission hearings and the Commission would strongly recommend that the shop steward in this matter, Mr Labbad, be paid for the time in which he has attended the Commission hearing. [4] In regards to the non-compliance with the EBA, the Commission recommended at the previous hearing, 9 April 2003, that, in the Commission's view, the Union should institute proceedings in the Federal Court. It still holds the same view. Mr Cassar, the employer, has decided not to abide by his undertakings in the certified agreement; therefore, he is in breach of the agreement and the Union should act accordingly in proceedings through a court of competent jurisdiction, which in this matter would be the Federal Court. [5] Having stated the above, the Commission will not act upon the application under s127 . BY THE COMMISSION: COMMISSIONER