IBM appeals Fair Work decision

Beverley Head
Thursday, 06 May 2010 16:43

IT Industry - Strategy

Global computing giant IBM has filed a notice of appeal against a decision handed down by the Fair Work Commission that obliged it to start good faith negotiations with the Australian Services Union.

IBM, which is being represented by Maddocks Lawyers, has stated a series of grounds for its appeal. They include a claim that some of the 80 workers who have joined the ASU, and who work at IBM's Baulkham Hills operations were ineligible to become members of the ASU, and that the ASU should not be able to negotiate on their behalf.

IBM has long resisted any form of union engagement anywhere in the world, but the introduction last year of the new industrial relations regime, Fair Work Australia,  makes it hard for any organisation operating in Australia to avoid having to negotiate pay and conditions for workers with representative unions.

Sally McManus, NSW secretary of the ASU has issued a statement regarding IBM's actions. 'As sure as night follows day, IBM is using the almost unlimited resources it has available to it as one of the largest and richest multinationals in the world to try and stop a group of its employees exercising their rights to collectively bargain under Australian law. IBM have not even seen the reasons for the decision - but they are still appealing it!'

She said that the ASU will fight the stay and the appeal.

'IBM have already informed the ASU that they intend to announce that at least 20 percent of these workers will lose their jobs as they scramble to put in place their offshore centre in China,' according to McManus.