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Austin Health v CEPU and Others


Case Number: C2008/2617
Applicant: Austin Health
Respondent: CEPU
Before: Senior Deputy President Watson, AIRC, Melbourne
Hearing Dates: 9 July 2008
ABC Commissioner’s notice to intervene filed on: 9 July 2008

The matter concerned an application by Austin Health for orders pursuant to s.496 of the Workplace Relations Act 1996 to stop or prevent industrial action. Austin Health is the major provider of health services in the northeast of Melbourne comprising two major hospitals and a rehabilitation centre.

The application concerned industrial action at the Austin hospital site at Heidelberg where plumbers had been on strike and had imposed bans which were disrupting the decommissioning of a building in protest at the termination of an employee. In its application to the Commission, Austin Health expressed concern that other trades groups might take industrial action in support of the plumbers and disrupt building work on the hospital site.

When proceedings in the AIRC commenced, Austin Health and the unions entered into conciliation discussions under the auspices of the Commission. Arising from the conference of the parties, the unions provided an undertaking that employees would work in accordance with established procedures.

On the basis of the undertaking provided by the unions, Austin Health withdrew its application for orders.