INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application for an order that industrial action stop or not occur, against all employees employed at specific site, and not be organised by respondents – applicant submitted that employees and sub-contractors had attended a stop work meeting after a failure by sub-contractors to rectify errors in calculating invoices had resulted in invoices for weeks ending 22 and 29 September 2016 not being processed – the applicant submitted the stoppage of work amounted to a refusal to perform work and was therefore industrial action as defined by the FW Act – applicant submitted the industrial action was not protected and contrary to the dispute resolution procedure contained in the relevant enterprise agreement – Commission satisfied that stop work meeting constituted unprotected industrial action – Commission also satisfied that further unprotected industrial action was probable [Harbour City Ferries] – having made such findings, Commission now without discretion and must made order that industrial action not occur and not be organised – orders made. Toll Transport P/L t/a Toll IPEC v Transport Workers’ Union of Australia New South Wales Branch; Transport Workers’ Union of New South Wales
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