Broadspectrum (Australia) Pty Ltd v Transport Workers' Union of Australia

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission to suspend or terminate protected industrial action being undertaken by the Transport Workers' Union of Australia, on the basis that the action was endangering the life, health or safety of persons. The protected action in question involved a ban on work on certain vessels operated by Broadspectrum, allegedly due to safety concerns. The Commission was required to determine whether the action met the criteria for suspension or termination under section 315 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the industrial action engaged in by the union was genuinely undertaken for the purpose of a protected concert activity and whether it met the threshold of endangering the life, health or safety of persons to an unacceptable degree. The Commission noted that the union's action was taken in good faith and for the purpose of a protected concert activity. However, the key question was whether the action endangered life, health or safety to an unacceptable degree. The Commission examined the evidence regarding the safety concerns, the measures taken by Broadspectrum to address those concerns, and the union's assessment of the risk.

After considering the evidence, the Fair Work Commission found that while the union's action was undertaken in good faith, it did not meet the threshold of endangering life, health or safety to an unacceptable degree. The Commission was satisfied that Broadspectrum had taken reasonable steps to address the safety concerns raised by the union. As a result, the application to suspend or terminate the protected action was dismissed. The Commission emphasised the importance of balancing the rights of employers and employees to engage in protected industrial action with the need to protect the health and safety of persons.