Appeal Against Order to Suspend Lock Out Disallowed

As advised in the last Stat Report, Symbion Health Limited appealed the decision of Cribb, C to suspend the lockout of scientists and technicians at Dorevitch Pathology and Gippsland Pathology.

The company also applied for a stay order which would have allowed them to lock members out while the appeal was being heard and determined. This would have meant that the company could refuse to pay the locked out members over Christmas and New Year and from then until the appeal was determined. Extraordinary.

The application for a stay order was heard by the President of Fair Work Australia, Justice Giudice, on Christmas Eve, 24 December 2009.

Justice Giudice found that there was not a sufficiently arguable case that the appeal could succeed and in the circumstances therefore the application for a stay of operation of the decision and order was rejected. 

Transcript of the hearing and decision is available here.

Negotiations under the Auspices of the Tribunal

Negotiations with Symbion Health over the agreement to apply at Dorevitch Pathology and Gippsland Pathology are to continue with the assistance of Commissioner Cribb of Fair Work Australia.