Broadspectrum (Australia) Pty Ltd v The Australian Workers' Union

[2016] FWC 1142

[2016] FWC 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418—Industrial action

Broadspectrum (Australia) Pty Ltd
v
The Australian Workers’ Union
(C2016/2668)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 22 FEBRUARY 2016

Alleged industrial action at Broadspectrum (Australia) Pty Ltd (the Company) – application dismissed.

[1] Mr S Johnston applied for a s.418 order. The application lodged on Friday afternoon, 19 February 2016 was heard on Saturday 20 February 2016. At the hearing, Mr Johnston appeared as did The Australian Workers’ Union. Mr Johnston advised that none of the employees against whom he sought an order had been served with the application or the notice of listing.

[2] Mr Johnston advised that due to an administrative error he had been named as the applicant when the applicant was Broadspectrum (Australia) Pty Ltd. As there was no opposition to the application to change the name of the applicant, I order that the name of the applicant be amended to be Broadspectrum (Australia) Pty Ltd.

[3] I asked Mr Johnston if he intended calling any evidence to support the application and Mr Johnston said ‘no’. I explained that before I could issue a s.418 order I would have to have evidence before me to enable me to make findings as to whether industrial action was happening; threatened, impending or probable; or being organised. I again asked Mr Johnston if he intended calling any evidence and he again advised that he was not.

[4] Given there was no evidence before me that industrial action was happening; threatened, impending or probable; or being organised, I dismissed the application.

DEPUTY PRESIDENT

Appearances:

S Johnston for Broadspectrum (Australia) Pty Ltd.

C Winter with K Wakefield for The Australian Workers’ Union.

Hearing details:

2016.

Melbourne:

February 20.

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