Must say I'm a little confused, didn't FWA order that all PIA was to cease ? As per the below document on their website. I suspect it's no longer protected if it has been withdrawn.
PR574132
FAIR WORK COMMISSION
ORDER
Fair Work Act 2009
s.418—Industrial action
Regional Express Holdings Limited
v
Australian Federation of Air Pilots
(C2015/7345)
Airline operations
DEPUTY PRESIDENT HAMILTON
MELBOURNE, 19 NOVEMBER 2015
Alleged industrial action at Regional Express Holdings Limited.
1. TITLE
1.1 This order shall be known as the Regional Express Holdings Limited Order 2015 (the Order).
2. APPLICATION AND PARTIES BOUND
2.1 This Order is binding on and applies to:
(a) Regional Express Holdings Limited (the Company);
(b) the Australian Federation of Air Pilots (AFAP);
(c) employees of the Company who are members of the AFAP and who are covered by the Regional Express Pilots Enterprise Agreement 2011 (the Employees).
2.2 In this order, Union Representatives means:
(a) office holders of the AFAP;
(b) the Employees who are also delegates of the AFAP;
(c) any employee of the AFAP who communicates with any of the Employees while this Order is in effect.
3. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED
3.1 The AFAP must not organise any industrial action involving any of the Employees.
3.2 Each Employee must:
(a) immediately stop engaging in industrial action;
(b) not continue, or organise any industrial action during the period of operation of this Order.
3.3 For the purposes of this Order, the expression “industrial action” means performing work in a manner different from usual by banning tankering of fuel from any port, but does not include the following:
(a) protected industrial action within the meaning of section 408 of the Fair Work Act 2009;
(b) action or conduct by Employees that is authorised or agreed to by or on behalf of the Company; or
(c) action by an Employee if:
(i) the action was based on a reasonable concern by the Employee about an imminent risk to his or her health or safety; and
(ii) the Employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.
4. STEPS TO BE TAKEN BY THE AFAP
4.1 The AFAP must prepare the following written notice which must be signed by an authorised official of the AFAP in the following terms (Written Notice):
“The Fair Work Commission has issued a section 418 order to stop or prevent industrial action.
The order is called the Regional Express Industrial Action Order 2015.
The order requires that there be no unprotected industrial action in the form of a ban on tankering of fuel by members of the AFAP employed by Regional Express Holdings Limited who are covered by the Regional Express Pilots Enterprise Agreement 2011 (Employees).
The order applies to:
● the AFAP; and
● Employees.
Accordingly, any direction, advice or authorisation by the AFAP to the Employees who are its members to ban the tankering of fuel is withdrawn and such action must stop or not occur. Those members should work as normal and perform work in the manner in which it is usually performed."
4.2 The AFAP's authorised delegate must provide a copy of the Written Notice to Dan Trindade of Clayton Utz by email at
[email protected] within one hour of these orders being made.
4.3 The AFAP must take all reasonable steps necessary and available under its rules to:
(a) advise the Union Representatives and each of the Employees of the terms of this Order by giving the Written Notice to each of the Union Representatives and Employees; and
(b) ensure that the Union Representatives and Employees comply with this Order.
5. SERVICE OF ORDER
5.1 Without limitation as to other means of service, it will be sufficient service of this Order upon the parties bound by this Order if:
(a) In the case of the AFAP a copy of this Order is either:
(i) sent by facsimile transmission to:
The Executive Director
Australian Federation of Air Pilots
Facsimile: (03) 9699 8199
or
(ii) emailed to
[email protected].
(b) in the case of the Employees:
(i) a copy of the Order is served on the AFAP; or
(ii) a copy of the Order is placed on the notice board(s) usually used for the purpose of communicating with the Employees.
6. SEVERABILITY
6.1 Part or all of any clause of this Order that is invalid or unenforceable will be severed from this Order and the remaining provisions of this Order continue in force.
7. TERM AND DATE OF EFFECT
7.1 This Order shall come into effect immediately.
7.2 The stop period for the purposes of section 418(1) of the Act is specified as being the period from the commencement of this order until 5.00pm on 7 days from the date of this order.
DEPUTY PRESIDENT