INDUSTRIAL ACTION – order against industrial action – ss.409, 418 Fair Work Act 2009 – application for an order that industrial action by employees or employers stop – proposed industrial action – 48 hour strike, effective from 12.01am on Thursday, 21 April 2016 – principal issue was that the impending industrial action was not ’employee claim action’ in accordance with s.409 of FW Act – applicant submitted that the proposed action was unprotected action because the CEPU was trying to regulate the wages and conditions of apprentices employed through a third party – claim for provision that any apprentice engaged through a group training company is engaged on terms no less favourable than those contained in the agreement – concerns the job security of the Electricians and Trades Assistants directly employed by applicant may be in jeopardy – held premature for industrial action to occur if parties have not had the opportunity to discuss the issues – Commission satisfied an interim order to stop the pending industrial action was the appropriate course of action in this circumstance – order that industrial action planned for 12.01am on 21 April 2016 not proceed – interim order will operate until the application is determined – parties directed to confer in relation to the job security concerns. Fredon Industries P/L t/a Fredon v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
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