Andritz Pty Ltd v The Australian Workers' Union

[2013] FWC 3790

[2013] FWC 3790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.

Andritz Pty Ltd
v
The Australian Workers' Union; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); Quality Engineering Solutions; Primaweld Engineering Pty Ltd
(C2013/4747)

SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 14 JUNE 2013

Alleged industrial action at Irwin Stockfeed Feed Mill Project in Lang Lang.

[1] On 12 June 2013, Andritz Pty Ltd (Andritz) applied, pursuant to s.418 of the Fair Work Act 2009 (the Act), for an order to stop and prevent industrial action, directed against:

(a) The Australian Workers’ Union - Victoria Branch, including its officers, delegates, agents and employees (the AWU);

(b) The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) including its officers, delegates, agents and employees (the AMWU); and

(c) All employees of the following employers, who are employed or engaged to perform work at the Irwin Stockfeeds Feed Mill Project at Lang Lang in Victoria and who are covered by the Building and Construction General On-site Award 2010 1 (the Award):

1. Darren Paul O’Neill trading as Quality Engineering Solutions (ABN 14 779 490 402);

2. Primaweld Engineering Pty Ltd (ABN 43 059 931 001); and

3. V B and Co Pty Ltd (ABN 098 312 424).

[2] The matter was adjourned into conference following appearances at a hearing on 13 June 2013 at the request of the parties. Following the conference, the applicant amended its application, subject to assurances given by the AWU and AMWU, seeking an interim order in the amended form. The AWU and AMWU did not oppose the making of the interim order in the amended form.

[3] Upon resumption in hearing, I announced that an interim order would be made in the amended form as follows:

“I will indicate that I have been engaged in conferences with the parties and arising out of that, the unions do not oppose the making of an order on the basis sought save for the exclusion of items 3(a) and (b), the naming of the AWU and AMWU.

The unions have provided an assurance that their responsibilities to their members would oblige them to firstly advised their members of the order and its consequences if breached, and to advise them to return to work; and secondly communicate with the community protest indicating that an order has been made obliging their members to return to work, with serious consequences for their members if breached, and requesting that the community protest not impede their entry to the workplace. In addition the unions will use their best endeavours to identify persons within the community protest known to them and communicate those matters to them.

On that basis the applicant is prepared to have an interim order issued in the terms earlier indicated; that is, excluding the unions. I am satisfied that industrial action is occurring on the part of the employees. In those circumstances I will issue an interim order in the amended terms sought by the employer and not opposed by the unions. The parties agree that the substantive hearing should be adjourned indefinitely subject to an application by either party to have the matter brought back on or the application being withdrawn.”

SENIOR DEPUTY PRESIDENT

Appearances:

T Donaghey with C Iverson for Andritz Pty Ltd.

L Buntman for The Australian Workers’ Union.

D Roland for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

Hearing details:

2013.

Melbourne:

June 13.

 1   MA000020.

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