Woolworths legal representative Mark Fellman KC told the commission that the picketing had undermined the bargaining process.
“It’s capricious or unfair. It needs to be stopped,” Fellman said.
Vice-president Gerard Boyce sided with Woolworths this afternoon, finding that the UWU had engaged in illegal picketing which was found not to be in good faith.
The ruling is a win for Woolworths, but it doesn’t guarantee the shelves will be restocked.
The supermarket giant has replacement staff ready to go, but not enough to bring its distribution centers back to 100 percent capacity.
The striking workers are demanding an above-inflation wage increase, asking for an immediate 25 percent increase and a further 30 percent over the next two years.
They also want the performance framework, which forces them to meet 100 percent adherence to a speed-related metric known as pick rates, to be scrapped.
The strike, now in its third week, involves about 1,800 workers in three states.
United Workers’ Union national secretary Tim Kennedy said Woolworths could rectify the situation today if it focused on negotiating a fair outcome.
“Woolworths can open their warehouses. But the warehouses only work if the workers go back to work,” he said.
“The strike continues regardless of what the Fair Work Commission says.
