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ARTICLE · 06 APRIL 2019

Stopping the clock: FWC suspension orders pause time limits for taking protected industrial action

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Employees are able to commence any authorised protected industrial action after a suspension order ceases to operate.

AustraliaEmployment and HR
Paul Burns
Paul Burns
Sarah Clarke
Sarah Clarke
Mairead O'Connor
Mairead O'Connor
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In Transport Workers' Union of Australia v Broadspectrum (Australia) Pty Ltd [2019] FWCFB 663, a Full Bench of the Fair Work Commission (Full Bench) confirmed that an order suspending specific protected industrial action will pause the time period within which all industrial action approved by a protected action ballot must commence.

The effect of this decision is that employees can commence any authorised protected industrial action after a suspension order ceases to operate. It is not necessary to obtain a further protected action ballot order.

BACKGROUND

The question in dispute in this case arose in the context of negotiations for an enterprise agreement between Broadspectrum Pty Ltd (Broadspectrum) and the Transport Workers' Union (TWU).

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