INDUSTRIAL ACTION – order against industrial action – interim order – ss.418, 420 Fair Work Act 2009 – application for orders that industrial action stop, not occur and not be organised – application directed at AMWU and applicant’s employees who were AMWU members, or eligible to be members, and who worked at Dandenong site – applicant had not served employees – AMWU opposed application but needed further instructions – applicant suggested interim orders be made in circumstances – Operations Manager gave evidence that after AMWU delegate expressed concerns about new drug and alcohol policy, employees failed to work rostered overtime – as far as practicable, Commission must determine application for order to stop or prevent industrial action within two days after application is made – if Commission is unable to determine application within two days, it must make interim order – Commission adopted approach to making interim orders expressed in [Fredon] – it is a condition precedent for making interim order that Commission concludes it is unable to determine application in two days – requirements of procedural fairness apply – Commission must deal with unprotected industrial action expeditiously – consideration must be given to whether making interim order would be contrary to public interest – Commission found it was unable to fairly determine application within two days – satisfied that procedural fairness was likely to be denied if matter were determined before employees had been served with application, in circumstances where respondent had not obtained adequate instructions from its delegates or affected members – requirement that Commission deal with unprotected industrial action expeditiously does not displace obligation to afford procedural fairness entirely – Commission satisfied it would not be contrary to public interest to make interim order pending determination of substantive application – interim order issued and hearing listed. Visy Board P/L v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
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