INTERIM ORDER - AWU Victoria - The Australian Workers Union

PR535510INTERIM ORDERFair Work Act 2009s.418—Industrial actionAndritz Pty LtdvThe Australian Workers’ Union; “Automotive, Food, Metals, Engineering,Printing and Kindred Industries Union” known as the AustralianManufacturing Workers’ Union (AMWU)(C2013/3868)Building, metal and civil construction industriesSENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 9 APRIL 2013S.418 Alleged industrial action at Irwin Stockfeed Mill Project, Lang Lang .1. TITLEThis Interim Order shall be known as the Andritz Pty Ltd April 2013 Industrial ActionInterim Order (the Interim Order).2. APPLICATION2.1 This Interim Order applies to all of the persons and organisations listed in paragraph3.1 below in relation to work carried out in the Irwin Stockfeed Feed Mill Project atLang Lang in Victoria (“Site”) covered by the Building and Construction GeneralOn-site Award 2010 (the “Award”)3. PARTIES BOUND3.1 This Interim Order applies to and binds:(a)(b)(c)Andritz Pty Ltd (“the Company”);The Australian Workers Union - Victoria Branch, including its officers,delegates, agents and employees (collectively described as “AWU”);The Australian Workers’ Union; “Automotive, Food, Metals, Engineering,Printing and Kindred Industries Union” known as the AustralianManufacturing Workers’ Union including its officers, delegates, agents andemployees (collectively described as “AMWU”) (AMWU); and1

PR535510(d)all employees of the following employers, who are employed or engaged toperform work at the Site and who are covered by the Award;i) BGA Engineering (Aust) Pty Ltd (ABN 47 147 502 154);ii)iii)Darren Paul O’Neill trading as Quality Engineering Solutions(ABN 14 779 490 402); andPrimaweld Engineering Pty Ltd.(Collectively referred to as the “Employees”).4. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOTBE ORGANISED4.1 The Employees must immediately return to work as rostered or as directed by theiremployer.4.2 The Employees must perform their work in the same manner as customarilyperformed and must not otherwise delay the performance of the work.4.3 The Employees must not engage in unprotected industrial action as defined in theFair Work Act 2009.4.4 The AWU and AMWU must:(a)(b)(c)immediately advise their relevant delegates that this Interim Order has beenmade;as soon as practicable advise the Employees that this Interim Order has beenmade and that they must immediately return to work as rostered or directed bytheir employer and must not engage in any unprotected industrial action asdefined in the Fair Work Act 2009; andnot organise, encourage or coerce the Employees to engage in any unprotectedindustrial action as defined in the Fair Work Act 2009.5. SERVICE OF INTERIM ORDER5.1 Service of the Application dated 8 April 2013 and of this Interim Order may beeffected:(a)(b)on the AWU by the Company sending a copy of the Application and of thisInterim Order by facsimile transmission to Lee Buntman, Legal Officer, on(03) 8327 0852 and emailing a copy to lee.buntman@awu.net.au;on the AMWU by the Company sending a copy of the Application and of thisInterim Order by facsimile transmission to Leigh Diehm, Assistant StateSecretary, on (03) 9230 5786 and emailing a copy toindustrial.vic@amwu.asn.au;2