INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application for orders that industrial action stop, not occur and not be organised – application directed at the respondent and applicant’s employees who were AMWU members, and who worked at Dandenong site – interim order made under s.420 of the FW Act on 26 July 2017 – applicant had not served employees – employees not covered by interim order – the respondent opposed the application but made no submissions – affected employees served with application, draft order and copy of interim order – Operations Manager gave evidence on behalf of the applicant – evidence not contested – AMWU delegate expressed concerns about new drug and alcohol policy – a number employees failed to work rostered overtime – Commission accepted evidence that 25 employees were absent without providing any reason or notice – found industrial action at the site – failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work – refusal to work overtime amounted to a ban, limitation or restriction on the performance of work by employees – industrial action was not authorised or agreed to by the applicant – not protected industrial action – found that industrial action was likely to continue – order that the industrial action stop, not occur and not be organised under s.418 of the FW Act. 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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