Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.
Thiess Degremont Joint Venture
Construction, Forestry, Mining and Energy Union
Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON
MELBOURNE, 17 JUNE 2011
Alleged industrial action at Thiess Degrémont Joint Venture - Victorian Desalination Plant.
This Interim Order will be known as the Victorian Desalination Project June 2011 Order.
2. PERSONS BOUND AND APPLICATION OF ORDER
This Interim Order is binding upon:
2.1 the Construction, Forestry, Mining and Energy Union (CFMEU) and its officers, employees, delegates and agents; and
2.2 the Company.
3. DEFINITION OF INDUSTRIAL ACTION
For the purposes of this Interim Order, industrial action means any of the following kinds:
(a) the performance of work by the Employees in a manner different to that which is customarily performed, or the adoption of a practice in relation to work by the Employees, the result of which is a restriction or limitation on, or delay in, the performance of the work;
(b) a ban, limitation or restriction on the performance of work or on the acceptance of work of the Employees;
(c) a failure or refusal by Employees to attend for work, or perform a failure or refusal to perform any work;
but does not include the following:
(d) action by Employees that is authorised or agreed to by the Company;
(e) action by Employees if that action was based on the Employees’ reasonable concern about an imminent risk to the Employees' health and safety, and the Employees did not unreasonably fail to comply with a direction of the Company to perform other available work.
4. INDUSTRIAL ACTION TO STOP OR NOT OCCUR
Subject to the exceptions in 3(d) and (e), while this Interim Order is in force:
4.1 the CFMEU, by its officers, employees and delegates must:
(a) stop, stop organising, and not organise, any industrial action by the Employees and or any of them; and
(b) not aid, abet, counsel, procure, induce, authorise or direct any person to engage in industrial action which would be contrary to this Interim Order;
4.2 The CFMEU must forthwith notify all their members employed by the Company who are covered by the Agreement of the making of these Interim Orders and that industrial action is not authorised by the CFMEU or any person acting on behalf of the CFMEU.
5. SERVICE OF ORDER
Without limitation as to other means of service, it will be sufficient service of this Interim Order upon each of the CFMEU and their officers and employees if:
(a) a copy of this Interim Order is sent by facsimile (or otherwise provided) to the National Office and Victorian Branch Office of the CFMEU, or to an officer of the relevant Union who has dealings with the Company in relation to any of the Employees; or
(b) a copy of this Interim Order is handed to or read in the presence of an officer or employee of the CFMEU.
6. DATE AND DURATION OF EFFECT OF ORDER
This Interim Order will come into effect from 5.00 pm 17 June 2011 and will continue to apply until the determination of the application in C2011/4753.
SENIOR DEPUTY PRESIDENT
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