TWU case sets precedent for unions to force employers into bargaining

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The recent case involving the Transport Workers Union of Australia (TWU) and employer JJ Richards & Sons Pty Ltd (JJR) in Fair Work Australia (FWA) gives unions power to use protected industrial action in order to drive an employer to enter into bargaining in circumstances where the formal bargaining regime under the Fair Work Act 2009 (Cth) (FW Act) has not commenced.

The facts

JJR subcontracted garbage collection in New South Wales for the Canterbury City Council.  The New South Wales TWU wrote to JJR seeking to engage in bargaining.  JJR rejected this request.  The NSW TWU lobbied the Canterbury City Council, which passed a motion that JJR would seek to negotiate with the TWU.  JJR wrote to the Council refusing to bargain.  The Federal TWU