INDUSTRIAL ACTION – suspension of protected industrial action – cooling off – s.425 Fair Work Act 2009 – application for order to suspend protected industrial action related to the wearing of union t-shirts and badges by union members at their workplace – union argued that there had been no evidence put by Canberra Casino that industrial action was occurring – union stated industrial action may have occurred for an hour but then stopped, due to a direction given that employees wear normal uniform or face disciplinary action – Casino submitted it had put evidence that industrial action was being engaged in – jurisdictional objection raised by union in relation to the prerequisite of industrial action ‘being engaged in’ under s.425 of FW Act – MUA v Patrick Stevedores Holdings P/L and Linfox Australia P/L v NUW applied – Commission unable to be satisfied that protected industrial action was being engaged in at the time of hearing – no jurisdiction for Commission to issue the order sought – application dismissed – Commission held it necessary to reserve decision in light of jurisdictional objection – brief decision with reasons issued, with a more fulsome decision to be issued at the request of either party. Canberra Casino Ltd v United Voice
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