Flinders Operating Services Pty Ltd T/A Alinta Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2011] FWA 4021
•24 JUNE 2011
[2011] FWA 4021 |
|
DECISION |
Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.
Flinders Operating Services Pty Ltd T/A Alinta Energy
v
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(C2011/4851)
(C2011/4858)
SENIOR DEPUTY PRESIDENT O’CALLAGHAN | ADELAIDE, 24 JUNE 2011 |
Applications for an order to stop industrial action - interim order.
[1] Flinders Operating Services Pty Ltd T/A Alinta Energy (Alinta) lodged an application (C2011/4851) pursuant to s.418 of the Fair Work Act 2009 (the FW Act) on 23 June 2011. That application seeks an order to stop industrial action said to be threatened by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to employees covered by the following agreements:
(a) Augusta Power Stations Enterprise Bargaining Agreement (As Varied) 2008-2010
(b) BBP Adelaide Enterprise Bargaining Agreement (As Varied) 2008-2010
(c) Leigh Creek Enterprise Bargaining Agreement (As Varied)
(d) Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees Union Collective Agreement.
[2] A further application has been lodged today (C2011/4858). It relates to the same unions and employees. This second application asserts that industrial action is occurring and seeks that it be stopped.
[3] The application has been referred to me today. The matter will be listed for hearing on Monday 27 June 2011. I do not consider it appropriate that it be listed for hearing today as I note that Alinta is currently appearing before Bartel DP relative to other s.418 proceedings involving other unions, but as I understand it, the same worksites. Further, because of the proceedings before Bartel DP, I am unable to determine today that all of the parties are able to participate in a hearing over the weekend.
[4] Section 420 states:
“420 Interim orders etc.
Application must be determined within 2 days
(1) As far as practicable, FWA must determine an application for an order under section 418 or 419 within 2 days after the application is made.
Interim orders
(2) If FWA is unable to determine the application within that period, FWA must, within that period, make an interim order that the industrial action to which the application relates stop, not occur or not be organised (as the case may be).
(3) However, FWA must not make the interim order if FWA is satisfied that it would be contrary to the public interest to do so.
(4) In making the interim order, FWA does not have to specify the particular industrial action.
(5) An interim order continues in operation until the application is determined.”
[5] The applications have been lodged by Ms Smith of counsel. Pursuant to s.596 I grant permission to Ms Smith to represent Alinta. This grant of permission is, at this time, strictly limited to the making of the application and for the purposes of s.420 of the FW Act.
[6] An Interim Order [PR510874] will be issued on that basis.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR510869>
0
0
0