INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application for an order that industrial action not occur and not be organised – order directed to CFMMEU, certain representatives of CFMMEU and service employees who have CFMMEU as bargaining representative (employees) – whether periods of travel before and after notified stoppage (impugned conduct) was ‘industrial action’ within meaning of s.19 of FW Act – industrial action impending or probable – employees indicated intention to participate in stoppages of work – employees left customer jobsites before notified commencement time of two hour stoppage to travel back to branch for stoppage – employees then travelled back to customer’s site after cessation of stoppage – employees paid for travel time – impugned conduct not work customarily performed by employees – employees had, and continue to have, a concern about a risk to their health or safety – Commission found employees concerns not reasonable upon evidence – no imminent risk – impugned conduct not based on this concern – health and safety exception not established on evidence – found impugned conduct was industrial action – order issued. Hitachi Construction Machinery (Australia) P/L v Construction, Forestry, Maritime, Mining and Energy Union
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