ORDER

Fair Work Act 2009
s.418—Industrial action

Victorian WorkCover Authority T/A WorkSafe Victoria
v
CPSU, the Community and Public Sector Union
(C2017/3720)

VICTORIAN WORKCOVER AUTHORITY ENTERPRISE AGREEMENT 2016-2020
(ODN AG2017/1092)  [AE424703]

Application to deal with contraventions involving dismissal.

1. TITLE

This Order shall be known as the Victorian Workcover Authority Industrial Action Order No 1 2017 (the Order).

2. APPLICATION

This Order is binding on and applies to:

(a) Victorian Workcover Authority (WorkSafe);
(b) the CPSU, the Community and Public Sector Union (CPSU) including its officers and employees, and those of its delegates who are employees of WorkSafe; and
(c) members of the CPSU employed by WorkSafe who are covered by the Victorian WorkCover Authority Enterprise Agreement 2016-2020 and are employed as either Inspectors or Investigators (Employees).

3. PARTIES BOUND

In this order, Union Representatives means:

(a) office holders of the CPSU SPSF Group Victorian Branch; and
(b) any officer or employee of the CPSU who communicates with any of the Employees while this Order is in effect.

4. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED

The CPSU must not organise any industrial action involving any of the Employees.
Each Employee must:

(d) immediately stop engaging in industrial action;
(e) not engage in or organise, any industrial action during the period of operation of this Order.

For the purposes of this Order, the expression “industrial action” means the performance of work by an employee in a manner different from that in which it is customarily performed or the adoption of a practice in relation to work, the result of which is a restriction or limitation on, or delay in, the performance of the work, by engaging in the following actions:

(f) Employees starting and finishing their working day at their designated office;
(g) Employees who are supplied with WorkSafe electronic hardware such as computers and telephone, leaving such hardware at their designated office at the end of their working day and retrieving such hardware the next morning;
(h) Employees refusing to attend workplace visits without two employees in attendance (including After Hours Incident Response);
(i) Employees only undertaking normal hours of work within the span of hours, with the only work conducted outside the span of hours being After Hours Incident Response with two employees in attendance and with such employees starting and finishing at their designated office; and
(j) Employees only completing entry reports at a WorkSafe office in an ergonomic environment.

but does not include the following:

(k) action or conduct by Employees that is authorised or agreed to by or on behalf of the WorkSafe; or
(l) action by an Employee if:

(i) the action was based on a reasonable concern by the Employee about an imminent risk to his or her health or safety; and
(ii) the Employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.

5. STEPS TO BE TAKEN BY THE CPSU

The CPSU must prepare the following written notice which must be signed by an authorised official of the CPSU in the following terms (Notice):

“The Fair Work Commission has issued a section 418 order to stop or prevent industrial action.

The order is called the Victorian Workcover Authority Industrial Action Order No 1 2017.

The order requires that employees of WorkSafe who are members of the CPSU who are covered by the Victorian WorkCover Authority Enterprise Agreement 2016-2020 and are employed as either Inspectors or Investigators (Employees) stop, and not engage in the following industrial action:

(m) Employees starting and finishing their working day at their designated office;
(n) Employees who are supplied with WorkSafe electronic hardware such as computers and telephone, leaving such hardware at their designated office at the end of their working day and retrieving such hardware the next morning;
(o) Employees refusing to attend workplace visits without two (2) Employees in attendance (including After Hours Incident Response);
(p) Employees only undertaking normal hours of work within the span of hours, with the only work conducted outside the span of hours being After Hours Incident Response with two (2) Employees in attendance and with such Employees starting and finishing at their designated office; and
(q) Employees only completing entry reports at a WorkSafe office in an ergonomic environment.

The order applies to:

• the CPSU its officers and employees, and those of its delegates who are employees of WorkSafe; and

• Employees.

Accordingly, any direction, advice or authorisation by the CPSU to the Employees who are its members to implement industrial action, including such advice as is contained in the email sent to members on 5 July 2017 is withdrawn and such action must stop or not occur.”

The CPSU’s National Secretary (or her authorised delegate) must within two hours of this Order coming into effect provide a copy of the Notice to David Woodman by email at david.woodman@minterellison.com.

The CPSU must within two hours of this Order coming into effect distribute the Notice by email to all recipients of its email with the subject “UNGUARDED PRESS - OMVP and Telematics & Duress Alarm Issues Meeting Resolution” from news@cpsuvic.org which was sent at approximately 1.00pm on 5 July 2017.

The CPSU must within two hours of this Order coming into effect take all reasonable steps to give the Notice to each of its Union Representatives and Employees.

6. SERVICE OF ORDER

Without limitation as to other means of service, it will be sufficient service of this Order upon the parties bound by this Order if:

(a) in the case of the CPSU including its officers and employees, and those of its delegates who are employees of WorkSafe, a copy of this Order is emailed to:

Ms Karen Batt

CPSU SPSF Group Victorian Branch Secretary

Joint National Secretary

CPSU, the Community and Public Sector Union

Email: kbatt@cpsuvic.org

(b) in the case of the Employees, a copy of this Order is either:

(i) served on the CPSU in accordance with paragraph 5.1(a) above; or
(ii) emailed to employees in the manner usually used by the WorkSafe for the purpose of communicating with the Employees.

7. TERM AND DATE OF EFFECT

This Order shall come into effect at 7.30pm, Friday 7 July 2017. This Order shall remain in force for a period of one month.

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