INTERIM ORDER

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

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

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

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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.