PR580076
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FairWork
Commission
ORDER
Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.
Lend Lease Building Pty Ltd
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struction, Forestry, Mining and Energy Union; and Communications,
Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia
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(C2016/3657)
Building, metal and civil construction industries
COMMISSIONER HUNT
BRISBANE, 6 MAY 2016
Alleged industrial action of employees of Lend Lease Building Pty Ltd, and employees of the
subcontractors at the Sunshine Coast University Hospital, Kawana Way, Birtinya,
Queensland.
1.
TITLE
This order shall be known as the Lend Lease Building Pty Ltd - Sunshine Coast Un iversity
Hospital, Kawana Way, Bi1tinya Queensland- M ay 2016 lndustrial Action Order (the Order).
2.
APPLICATION
This Order applies to work and employment regulated by the Lend Lease Project
Management & Construction (Australia) Pty Ltd/CFMEU Joint Development Agreement
Mark 8 201 2-16 (AG 2012110905) (the Certified Agreement).
3.
PARTIES BOUND
The parties bound by this Order a re:
3.1
All employees emplo yed by Lend Lease Building Pty Ltd (the Company) covered by
the Ce1tified Agreeme nt at the Sunshine Coast University Hospital, Kawana Way, Birtinya,
Queensland .
3.2
All employees of the fo llowing subcontractors engaged by the Co mpany at the
Sunshine Coast Univers ity Hospita l, Kawana Way, Birtinya, Queensland :
I) A I Waterproofing and Applications Pty Ltd
PR580076
4.
INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT
BE ORGANISED
4.1
All persons and organisations bound by this Order must stop, not engage in and/or
not organise industrial act ion as defined in s.418 of the Fair Work Act 2009 in
respect of the Company operations at the Sunshine Coast Unive rsity Hospital,
Kawana Way, Birtinya, Queen sland.
4.2
For the purposes of thi s Order, indu strial action does not include:
4.2.1 protected industrial action within the meaning of s.408 of the Fah· Work Act
2009;
4.2.2 action by employees that is authorised or agreed to by the Company; or
4.2.3 action by an employee if:
4.2.3(i) the action was based on a reasonable concern by the employee about
an imminent risk to his o r her health or safety; and
4.2.3(ii) the employee did not unreasonably fail to co mply with a d irection of
the Company to perform other avai lable work, whether at the same or another
workplace, that was safe and appropri ate for the employee to perform .
.
5.
5.1
SERVICE OF ORDER
Without limitation as to other means of service, it will be suffic ie nt serv ice of this
Order upon the parties bo und by this Orde r if:
(a)
a copy is sent by facs imile transmissio n to the Construction, Forestry Mining
and Energy Union, Facsimi le 07 323 1 4699, or [email protected]; and
(b)
a copy is sent by facsimi le tran smi ss ion to the Communications, E lectrical,
Electron ic, Energy, Informatio n, Posta l, Plumbing a nd Allied Services Union of
Au stralia, Facsimi le 07 3844 985 1, or info @etu.org.au; and
(c) a copy o f this Order is placed on the noticeboards usually used by the Company for
the purposes of communicating with the employees defined in c lause 3 o f this Order.
5.2
In addit io n to service required under clause 5.1 , the Company or each of the
subcontractors in 3.2 a bove is required to send a text message or emai l to each of the
emp loyees in cla uses 3. 1 and 3.2 in the fo llowi ng terms, and attach the Order:
"The Fair Work Commission today ordered that persons bound by the attached order
pe1forming work at the Sunshine Coast University Hospital, Kawana Way, Birtinya,
Queensland must stop, not engage in and not organise industrial action as defined in
section 418 of the Fair Work Act.for a period up to and including 12 August 2016. "
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