INDUSTRIAL ACTION – order against industrial action – ss.418, 424 Fair Work Act 2009 – two applications made by Broadspectrum (Australia) P/L – s.418 application for order that unprotected industrial action by employees stop – in alternative s.424 application for order to suspend or terminate protected industrial action – parties were in process of negotiating terms of enterprise agreement – protected action ballot order (PAB) issued on 13 June 2018 – prior Suspension Order issued to TWU suspending three forms of industrial action until 13 October [PR609847] – on 11 October 2018 TWU issued notice to applicant of industrial action of Paperwork Ban – on 22 October 2018 TWU issued applicant notice of industrial action for specific employees to stop work for four hours on 26 October 2018 – applicant submitted current and threatened industrial action needed to have commenced on or prior to 14 September 2018 to be authorised – therefore no employee claim action – Suspension Orders significant because primary question for s.418 application was whether Suspension Order extended to 14 September 2018 as current and threatened industrial action could have commenced in timeframe in FW Act therefore protected – Paperwork Ban and Industrial Action-Work Bans different types than in August Notice and Suspension Order – TWU unable to satisfy Commission that order suspending ’employee claim action’ was made resulting in extension of authorisation period in s.429 – Paperwork Ban and Industrial Action-Work Bans not examples of industrial action authorised by PAB – therefore cannot be employee claim action – Paperwork Ban constituted unprotected industrial action and stop order made under s.418 until 30 November 2018 – s.424 application dismissed. Broadspectrum (Australia) P/L v Transport Workers’ Union of Australia
…
