Federal Court to determine an employee’s right to take protected industrial action
The Federal Court will hand down a decision at 9:30am on Friday in the
long running case involving the Transport Workers’ Union (TWU) and waste
management company J.J. Richards. The Full Court of the Federal Court
will determine whether employees can take protected action to bring an
employer to the bargaining table.
The TWU has been locked in a court case with J.J. Richards for over a year after 20 waste workers at the company decided to take protected action. Members at the waste company had no option but to strike as their employer continually refused to negotiate over an 18 months period.
Four FWA decisions have so far found in favour of the TWU members. J.J. Richards has refused to accept the Tribunal’s decisions and continued to pursue its ideological agenda in the Federal Court, with support from the extremist Australian Mines and Metals Association (which has no members in the waste industry). The decision of the Full Court of the Federal Court will be handed down on Friday.
“The decisions by Fair Work Australia placed a responsibility to negotiate squarely on both parties, and were a significant result for our members and workers across all industries . J.J. Richards’ appeal to the Federal Court can only be seen as a blatant attempt to undermine the bargaining system”, said NSW Transport Workers’ Union State Secretary Wayne Forno.
The contract between the J.J. Richards and the 20 waste workers has ended since the last FWA decision with the company losing the tender at Canterbury Council to rival waste company Transpacific Cleanaway. This means that the decision handed down on Friday will have no effect on J.J. Richards.
“Enough is enough, it is time for J.J. Richards to face the reality and stop clogging up our court system with a case that has no commercial significance but is all about ideology” said Wayne Forno.
Following the handing down of the decision by the Federal Court Friday 20 April, Transport Workers’ Union of NSW Acting Assistant Secretary Michael Aird will be available to discuss the decision and consequences for the Australian workforce.
Media Contact: Jessica Malnersic: 0422 238 547/ Iva Tora: 0408 787 936
Four FWA decisions have so far found in favour of the TWU members. J.J. Richards has refused to accept the Tribunal’s decisions and continued to pursue its ideological agenda in the Federal Court, with support from the extremist Australian Mines and Metals Association (which has no members in the waste industry). The decision of the Full Court of the Federal Court will be handed down on Friday.
“The decisions by Fair Work Australia placed a responsibility to negotiate squarely on both parties, and were a significant result for our members and workers across all industries . J.J. Richards’ appeal to the Federal Court can only be seen as a blatant attempt to undermine the bargaining system”, said NSW Transport Workers’ Union State Secretary Wayne Forno.
The contract between the J.J. Richards and the 20 waste workers has ended since the last FWA decision with the company losing the tender at Canterbury Council to rival waste company Transpacific Cleanaway. This means that the decision handed down on Friday will have no effect on J.J. Richards.
“Enough is enough, it is time for J.J. Richards to face the reality and stop clogging up our court system with a case that has no commercial significance but is all about ideology” said Wayne Forno.
Following the handing down of the decision by the Federal Court Friday 20 April, Transport Workers’ Union of NSW Acting Assistant Secretary Michael Aird will be available to discuss the decision and consequences for the Australian workforce.
Media Contact: Jessica Malnersic: 0422 238 547/ Iva Tora: 0408 787 936