INDUSTRIAL ACTION – order against industrial action – ss.19, 417, 418 Fair Work Act 2009 – application by Victorian WorkCover Authority t/a WorkSafe Victoria (WorkSafe) for an order that unprotected industrial action not occur and not be organised by CPSU and its members employed by WorkSafe – employees and CPSU covered by Victorian WorkCover Authority Enterprise Agreement 2016-2020 which came into operation on 28 June 2017 – WorkSafe alleged that CPSU circulated newsletter on 5 July 2017 to members employed by WorkSafe indicating intention to take industrial action in several forms – argued that indicated matters should be regarded as industrial action within meaning of s.19 FW Act – argued that indicated matters would reasonably lead to a finding that intimated industrial action was unprotected and that unprotected industrial action was threatened, probable or being organised – CPSU did not contest newsletter, its terms or its circulation to member employees – WorkSafe argued that matters indicated in newsletter would be contrary to usual work practices if implemented and would have serious and negative impact on WorkSafe’s capacity to undertake its work – evidence provided by WorkSafe not contradicted by CPSU – Commission found that items 2 to 6 of CPSU newsletter were industrial action and each was not protected industrial action – noted that CPSU committed to recommending to members on 10 July 2017 that resolutions in newsletter not be implemented until consultation with union was undertaken – noted that no commitment was given relating to the coming weekend and that recommendation of CPSU was not to withdraw notification but to not implement industrial action – Commission satisfied that newsletter advised action to be taken by member employees and encouraged them to pass newsletter on to non-member employees – satisfied that action in newsletter amounted to industrial action within meaning of s.19 resulting in a ban, restriction or limitation on or delay in performance of work by an employee – satisfied that no actions set out in newsletter would amount to preservation of status quo within meaning of cl. 64.3 of Agreement – satisfied that action remains threatened, impending, probable or is being organised – satisfied that application was made by a person who was affected or is likely to be affected by industrial action – satisfied that Commission must make an order that industrial action stop, not occur or not be organised for a period of one month – order made. Victorian WorkCover Authority t/a WorkSafe Victoria v CPSU, the Community and Public Sector Union
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