According to Sally McManus, secretary of the ASU in NSW: ' ASU IBM members had another victory today after IBM's application for a stay order on the Majority Support Determination issued by SP Drake two weeks ago went down in a screaming heap. FWA declined to issue the stay after Senior Deputy President Boulton did not believe they had an arguable case with a reasonable chance of success, nor did he believe on the balance of convenience it would prejudice IBM. '
McManus claimed IBM had now exhausted all legal avenues available to prevent it having to negotiate with the union, and that she had written to IBM demanding a meeting.
IBM, which has been represented by Karl Blake, a Melbourne based partner with Maddocks Lawyers, issued a statement a day after its Appeal was thrown out.
The union's dispute with IBM has been underway since 2007, with IBM consistently resisting the ASU's attempts to negotiate on behalf of a group of 80 IBM employees working at IBM's Baulkham Hills offices, North West of Sydney, who provide service and support to IBM clients including Westpac, St George, Qantas and the Federal Government.
With the introduction last year of the new industrial relations regime, the ASU had challenged IBM's anti-union stance with Fair Work Australia, launching an action against the company last November.
In a decision handed down in April, senior deputy president Drake of Fair Work Australia, made it clear that IBM's employees would be covered by the modern award, the Business Equipment Award 2010.