Section 127 - jurisdiction

Cases

Section 127 - jurisdiction

"Industrial action", for the purposes of s127 of the Workplace Relations Act 1996 (orders to stop or prevent industrial action) does not include action by an employee if the action is based on a reasonable concern about an imminent risk to employees' health and safety.

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"Industrial action", for the purposes of s127of the Workplace Relations Act 1996(orders to stop or prevent industrial action) does not include action by an employee if the action is based on a reasonable concern about an imminent risk to employees' health and safety.

The applicant (a contractor employed to demolish a heritage building for the construction of a fast food restaurant) sought orders under s127of the Workplace Relations Act 1996 to stop or prevent a ban imposed by the union on the performance of the demolition (Redbar Excavations Pty Ltd v CFMEU; Print R5276, [1999] 563 IRCommA).

The union contended that protestors from the local community raised "significant safety concerns" for the employees of the contractor as they had penetrated a security fence and formed a continuous picket line at the site.

The Australian Industrial Relations Commission observed that:

" 'industrial action', for the purposes of s127, does not include action by an employee if 'the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety'."

As a matter of discretion, even if the action were "industrial action" for the purposes of s127, the Commission would not have issued orders under the section in the circumstances of the case on the basis that the action taking place directly related to a matter of health and safety of the employees.

The application was dismissed

 

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