The CEPU has this morning officially appealed the Interim Order of the AIRC that forced the removal of the Union's safety ban on the new Mercedes Sprinter vans.The appeal document can be downloaded here, section 120 appeal against C2008/2713.
The key points of the appeal include:
- In making the Interim Order Commissioner Foggo denied the CEPU procedural fairness in failing to recuse herself from dealing with the matter because of a reasonable apprehension of bias arising from her involvement in other proceedings where she had prejudged the issue in the proceedings in publicly expressing the opinion that the ban should be lifted.
- Commissioner Foggo erred in making the Interim Order when there was no evidence that supported the making of an Interim Order or any other kind of Order.
- Commissioner Foggo had no jurisdiction or power to make the Interim Order.
We have also called for Friday's decision to be stayed, which means, we want any move to implement the order to be suspended until the appeal is heard.
In the meantime, members are urged to read the following story when making a decision as to whether to drive the new van:
