ARTICLE · 19 AUGUST 2011

Protected industrial action can be taken before bargaining commences

HopgoodGanim

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BCA wants to allow employees to initiate protected industrial action before enterprise bargaining.

AustraliaEmployment and HR

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Andrew Tobin, Partner
Rebekah Foster, Associate

The Business Council of Australia is lobbying the Federal Government to change theFair Work legislation following a series of decisions by Fair Work Australia that allow employees to initiate protected industrial action before enterprise bargaining has commenced.

Against this backdrop, the Australian Mines and Metals Association, which intervened as a party to the most recent appeal before Fair Work Australia, has talked about seeking a further review of the latest decision by the High Court. This decision involved a refusal by JJ Richards, a waste management disposal company, to bargain with the Transport Workers Union for an enterprise agreement.

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