| APPEAL BY COMPANY AGAINST ORDER THAT INDUSTRIAL ACTION CEASE - 23 Dec 2009 |
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Symbion Health Limited has appealed the decision of Cribb, C to suspend the lockout of scientists and technicians at Dorevitch Pathology and Gippsland Pathology. The company has also applied for a stay order which would allow them to lock members out while the appeal is being heard and determined. The application for a stay order is likely to be listed quickly.
Clearly negotiations cannot begin until after the appeal is heard and determined, notwithstanding that dates for further negotiations were agreed in FWA yesterday. If the stay order is granted before Christmas, it could mean that the company will refuse to pay public holiday entitlements to the Dorevitch 25. This latest act of intimidation is putting an enormous psychological strain on the members who have been locked out, who now do not know want is going to happen to them over the holiday break. The Union will be doing everything it can to see that no stay order is granted.
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