The question of whether unions can seek to take protected industrial action when an employer refuses to bargain is set to be considered by a Fair Work Australia full bench, when it hears a challenge to Commissioner Harrison's recent JJ Richards decision.
Both JJ Richards and AMMA have lodged appeals against the February 16 ruling (see Related Article), in which Commissioner Harrison accepted that unions facing an employer that refuses to bargain don’t have to seek a majority support order or jump other hurdles before asking members to authorise industrial action..........
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