Transport Secretary v The Australian Workers’ Union, New South Wales [2022] NSWIRComm 1053

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Secretary v The Australian Workers' Union, New South Wales [2022] NSWIRComm 1053 Hearing dates: 6 July 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996 the Commission makes the following orders: 1. The Australian Workers' Union, New South Wales ("AWU"), its officers, employees and members employed by the Transport Secretary are ordered to immediately cease organising and refrain from taking industrial action by those employees engaged under the Roads and Maritime Services (Wages Staff) Award 2019 ("Wages Award") at Transport for New South Wales ("TfNSW"), including the planned strike on 7 July 2022. 2. The AWU, its officers, employees, agents and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the AWU to organise or take industrial action contrary to Order 1. 3. The Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("CFMEU"), its officers, employees and members employed by the Transport Secretary are ordered to immediately cease organising and refrain from taking industrial action by those employees engaged under the Wages Award at TfNSW, including the planned strike on 7 July 2022. 4. The CFMEU, its officers, employees, agents and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the CFMEU to organise or take industrial action contrary to Order 3. 5. The Electrical Trades Union of Australia, New South Wales Branch ("ETU") its officers, employees and members employed by the Transport Secretary are ordered to immediately cease organising and refrain from taking industrial action by those employees engaged under the Wages Award and the Roads and Maritime Services (Traffic Signals Staff) Award 2019 ("Signals Staff Award") at TfNSW, including the planned strike on 7 July 2022. 6. The ETU, its officers, employees, agents and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the ETU to organise or take industrial action contrary to Order 5. 7. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch ("AMWU"), its officers, employees and members employed by the Transport Secretary are ordered to immediately cease organising and refrain from taking industrial action by those employees engaged under the Wages Award at TfNSW, including the planned strike on 7 July 2022. 8. The AMWU, its officers, employees, agents and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the AMWU to organise or take industrial action contrary to Order 7. 9. These orders take effect immediately and will remain in force until 21 July 2022 or until further order of the Commission. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Dispute orders Legislation Cited: Industrial Relations Act 1996 ss 3, 130, 136, 137, 146 Cases Cited: Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWIRComm 1042 Texts Cited: Nil Category: Principal judgment Parties: Transport Secretary (Notifier) The Australian Workers' Union, New South Wales (First Respondent) Electrical Trades Union of Australia, New South Wales Branch (Second Respondent) Construction, Forestry, Mining and Energy Union (New South Wales Branch) (Third Respondent) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (Fourth Respondent) Representation: O Fagir of Counsel (Notifier) J Shaw, Australian Workers' Union (First and Second Respondents) D Syron, Construction, Forestry, Mining and Energy Union (Third Respondent) K Presdee, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (Fourth Respondent) File Number(s): 2022/00196316 Publication restriction: No