Woolworths is one step closer to refilling empty shelves across the country after winning its Fair Work Commission bid against the United Workers Union (UWU).
Woolworths is one step closer to refilling empty shelves across the country after winning its bid against the United Workers Union (UWU). (Nine)

Woolworths’ legal representative Marc Felman KC told the commission that the picket had undermined the bargaining process.

“It’s capricious or unfair. It should be stopped,” Felman said.

Deputy President Gerard Boyce sided with Woolworths this afternoon, finding that the UWU participated in unlawful picketing, which was found to not be in good faith.

The decision is a win for Woolworths but doesn’t guarantee that shelves will be refilled.

The supermarket giant has replacement staff ready to work, but not enough to get its distribution centres back to 100 per cent capacity.

Striking workers are demanding a pay rise above inflation, seeking an immediate 25 per cent increase and a further 30 per cent over the next two years.

They also want the productivity framework, which forces them to meet 100 per cent adherence to a speed-related metric known as pick rates, scrapped.

The strike, now its third week, involves around 1800 distribution workers across three states.

Woolworth workers are seen forming a picket line outside the distribution centre in Dandenong South. (LUIS ENRIQUE ASCUI)

United Workers Union National Secretary Tim Kennedy said Woolworths could fix the stand-off today if they focus 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 irrespective of what the Fair Work Commission says.”

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