INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application to stop alleged industrial action occurring at bulk petroleum distribution centre in Altona North and disrupting fuel deliveries to retail outlets – heard at short notice late in evening – NUW not in attendance – employer submitted that industrial action related to disciplinary issue – NUW conducted site meeting between shifts – some employees refused to attend next night and day shift – employer attempted to notify NUW and individual employees about application and short notice hearing – employer submitted industrial action happening and not protected – Commission mindful of limited opportunity for relevant NUW officials and individual employees to provide submissions and evidence in response to application – not appropriate to determine application at this time – given potential impact of the alleged action Commission was satisfied it was appropriate for an Interim Order to be issued – matter listed for further hearing. Linfox Australia P/L v National Union of Workers
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