Lactalis Jindi Pty Ltd t/a Jindi Cheese; v; United Workers’ Union

[2019] FWC 7951

[2019] FWC 7951

FAIR WORK COMMISSION

DIRECTIONS

Fair Work Act 2009
s.229—Bargaining order

Lactalis Jindi Pty Ltd t/a Jindi Cheese
v
United Workers’ Union
(B2019/1335)

DEPUTY PRESIDENT COLMAN MELBOURNE, 21 NOVEMBER 2019

Application for an interim decision pursuant to a bargaining order application.

UPON THE UNITED WORKERS’ UNION (UWU), BY ITS COUNSEL, HAVING PROVIDED THE FOLLOWING TO THE FAIR WORK COMMISSION:

[1] AN UNDERTAKING that until the determination of matter B2019/1335 in the Fair Work Commission, or further order of the Commission, or on occurrence of any of the events described in paragraph 6 of the proposed order attached to the Form F32 application:

(a) the UWU (itself, its officers, servants, agents or howsoever otherwise) will not prevent, hinder or interfere with, or attempt to prevent, hinder or interfere with, free access to and free egress from the Jindi Cheese site at 250 Old Telegraph Road, Jindivick, Victoria (Site) by any person or vehicle, whether by themselves or by any object or vehicle; and

(b) will not advise, cause, induce, procure or incite any person to do or attempt to do any of the things restrained by the above subparagraph (a).

[2] CONFIRMATION that at approximately 9:30am on 21 November 2019, the UWU advised 16 of its 20 members who are taking protected industrial action about the above undertaking by way of a mass meeting at the Jindivick site, in which the UWU’s letter to Jenni Booth dated 21 November 2019 was read out, along with the following message:

“Until the determination of matter B2019/1335 in the Fair Work Commission (or until the earlier identified in paragraph 6 of the order attached to that application), the United Workers’ Union (including through its officers, servants and agents) will not prevent, hinder or interfere with persons or vehicles accessing or exiting the Jindi Cheese site at 250 Old Telegraph Road, Jindivick, Victoria. You are hereby advised that the United Workers’ Union does not authorise or supports any obstruction of access to, or egress from, that site.”

[3] CONFIRMATION that by 2:00pm on 21 November 2019, the UWU has sent an email to each of its employees, officers and delegates who have had any involvement or association with the Site, and members who are taking industrial action, and for whom it has an email address, attaching the letter to Jenni Booth dated 21 November 2019.

[4] AN UNDERTAKING that the UWU will, by 5.00pm on 21 November 2019, post on its Facebook pages at “United Workers Union” ( and “United Workers Union Members Forum” ( a copy of this decision and a message in the following terms:

“Until the determination of matter B2019/1335 in the Fair Work Commission (or until further order), the United Workers’ Union (including through its officers, servants and agents) will not prevent, hinder or interfere with persons or vehicles accessing or exiting the Jindi Cheese site at 250 Old Telegraph Road, Jindivick, Victoria. You are hereby advised that the United Workers’ Union does not authorise or support any obstruction of access to, or egress from, that site.”

THE FAIR WORK COMMISSION DIRECTS:

A. The proceeding B2019/1335 be adjourned to 13 and 16 December 2019.

B. The Applicant file and serve any further evidence upon which it relies by 25 November 2019.

C. The UWU file and serve an outline of submissions and any evidence upon which it relies by 6 December 2019.

D. The Applicant has liberty to apply for an urgent re-listing on notice to the UWU and the chambers of Deputy President Colman.

DEPUTY PRESIDENT

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