Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Worker A, Worker B, Worker C, Worker D and Worker E
v
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union known as the Australian Manufacturing Workers'
Union; Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia and others
listed in Schedule A
(AB2016/208)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 OCTOBER 2016
Application for an FWC order to stop bullying; interim order.
Pursuant to s.589(2) of the Fair Work Act 2009, I order that from 3.00pm on 6 October 2016
and until the hearing and determination of this proceeding, or further order:
A. The Respondents listed in Schedule A (and in the case of the first and second named
Respondents whether by their employees, officers, members or otherwise) must not
engage, and must stop engaging, in any of the conduct described in a) to f) below
towards any CUB Worker while that person is at the Carlton & United Breweries site
in Abbotsford, Victoria (Site), or while that person is entering or leaving, or attempting
to enter or leave the Site:
a) Photograph, film, or digitally record, or attempt to photograph, film, or digitally
record, any CUB Worker;
b) Abuse or harass any CUB Worker;
c) Call out to any CUB Worker using offensive or insulting names including “scab”,
“dog”, “fuckwit”, “cunt”, “rat”;
d) Accost or obstruct any CUB Worker;
e) Hold up any poster, signage, notices or other like document or material at the
picket which contains offensive or insulting language towards the CUB Workers
including “scab”, “dog”, “fuckwit”, “cunt”, “rat”; and
PR586137
INTERIM ORDER
E AUSTRALIA FairWork Commission
2
f) Approach a CUB Worker or any vehicle driven by a CUB Worker or in which a
CUB Worker is a passenger.
B. The Respondents listed in Schedule A (and in the case of the first and second named
Respondents whether by their employees, officers, members or otherwise) must not
organise, procure, encourage or incite any other person to do any of the things referred to
in paragraph A of this Order.
C. In this Order:
a) “CUB Worker” means any worker:
employed by CUB Pty Ltd performing work at the site of CUB Pty Ltd in
Abbotsford, Victoria, who was formerly a Programmed Worker employed by
the Programmed Group; or
who is a Programmed Worker, and who is currently engaged for or on behalf
of the Programmed Group performing work at the site of CUB Pty Ltd in
Abbotsford, Victoria;
b) “Programmed Worker” means any worker who was, as at 18 August 2016, engaged
for or on behalf of the Programmed Group performing work at the site of CUB Pty Ltd
in Abbotsford, Victoria; and
c) “Programmed Group” means the corporate group of companies including Programmed
Skilled Workforce Ltd and its wholly owned subsidiaries.
D. Service of this Order by the Applicants may be effect on each Respondent by any one or
more of the means set out in Rule 42 of the Fair Work Commission Rules 2013.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A
THE FAIR WORK COMMISSION SEAL OF
PR586137
3
SCHEDULE A
The Respondents are the following:
1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
known as the Australian Manufacturing Workers’ Union;
2. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia;
3. Mr Andrew March;
4. Mr Chris Bowden;
5. Mr Craig Kelly;
6. Mr David Roach;
7. Mr Paul Jeffares;
8. Mr Steve Diston; and
9. Mr Troy Gray.
