ARTICLE · 04 JULY 2011

Industrial action before bargaining commences – the JJ Richards case

Moray & Agnew

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Discussion of the JJ Richards Case and its affect on Industrial actions

AustraliaEmployment and HR

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The Fair Work Act 2009 (Cth) ('the Act') provides specific mechanisms by which a union can compel an unwilling employer to bargain.

However, a recent decision by the Full Bench of Fair Work Australia has established that a union facing an employer who is unwilling to bargain does not have to seek a majority support order before making an application for a protected action ballot order.

The effect of the decision is that protected industrial action is available as a means to compel an employer to bargain, even in the following circumstances:

Where bargaining has not yet commenced
The employer has refused to bargain
Fair Work Australia has not otherwise ordered the employer to bargain

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