Today IBM again attempted to delay the application by the ASU on behalf of IBM Flightdeck employees for a ballot to take protected industrial action.

IBM brought a suite of lawyers including an expensive barrister. All up they had seven people attend the hearing. The travel allowance removed form ASU members could probably be paid for out of IBMs legal costs in opposing the application for a ballot!

IBM are continuing to do everything they can to delay the application. They applied for an adjournment again today on the basis “they did not have enough time to prepare” and the application will be heard again 9am on Tuesday.

The only objection that they are advancing (they have now dropped all the ones they had yesterday) is that the ASU is ineligible to represent the interests of workers at the Flightdeck based on our rules. They have to prove no ASU member “services” or “maintains” or “repairs” or “structurally alters” computers. This is a typical technical argument employers try and raise in an attempt to stop Unions from representing workers. This is what we'll be arguing about on Tuesday. We'll be able to use all the information that people collected for us yesterday to prove that at least one member does such work.

We believe that this is a delaying tactic, however we still have to treat their arguments seriously and run our case as they will invest lots of money in doing the same. Even if they were successful in this argument it doesn't mean that we can't take industrial action or get an agreement. We will need to notify a bargaining period and seek to negotiate as a group of workers who engage the ASU as a “bargaining agent” instead.

Clearly we have IBM really scared about the possibility of industrial action and that their staff might actually be united. That is why they are working so hard to prevent us even having a vote about whether to take industrial action.

In these circumstances we would expect the employer to use this time to try and undermine the strength and unity we have built up. They might organise one-on-one meetings, organise team meetings, make promises, threaten offshoring or various other versions of the sky falling in, offer special deals to people that they think might be "ringleaders" or put pressure on people they think might be "ringleaders". These are tactics other employers use when faced with these circumstances.

If they try any of these things we need to remain united and strong. The pressure is now back on them. We need to make sure they are sent a clear message that workers want their issues sorted out in a legally enforceable agreement.

We are listed at 9am on Tuesday 1 July at the AIRC at 80 William St, East Sydney.