Application by Australian Workers' Union, the

[2016] FWC 735

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order
Australian Workers' Union, The
v
Brisbane Racing Club Limited
(B2016/255)
COMMISSIONER SIMPSON	DARWIN, 5 FEBRUARY 2016

Proposed protected action ballot of employees of Brisbane Racing Club Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act

2009 (the Act) by The Australian Workers’ Union (the AWU). The AWU seeks a protected

action ballot order in relation to certain employees of Brisbane Racing Club Limited in

Queensland (the Employer).

[2] The Employer has advised that it does not oppose the application.
[3] In the circumstances I have decided to determine the matter on the papers as I am

satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss.443(1)(a) and (b) have been met and that,

accordingly, an order must be made. An order, PR576715, based on the draft provided by the

AWU, will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by The Australian Workers' Union against Brisbane Racing Club Limited, Commissioner Simpson of the Fair Work Commission was tasked with considering a request for a protected action ballot order under section 437 of the Fair Work Act 2009. The union sought to conduct a ballot among certain employees of the employer in Queensland to ascertain whether they supported protected industrial action. Brisbane Racing Club Limited did not contest the application, leaving the court to determine the matter based on the documents submitted.

The central legal issues before the court were whether the requirements of sections 443(1)(a) and (b) of the Act had been fulfilled. These sections pertain to the union's eligibility to apply for a ballot and the necessity of the proposed action. The court needed to verify if the union had a genuine dispute with the employer and if the ballot was an appropriate means of resolving that dispute.

After reviewing the documentation, Commissioner Simpson determined that the union had met the criteria set out in sections 443(1)(a) and (b) of the Act. Consequently, the court concluded that a protected action ballot order should be issued. An order, PR576715, was made based on the draft provided by the AWU and was issued alongside the decision. The commissioner was satisfied that a hearing was not necessary to reach this conclusion.

In summary, the Fair Work Commission granted the application by The Australian Workers' Union for a protected action ballot order concerning employees of Brisbane Racing Club Limited. The employer did not oppose the application, and the court found that the union had met the statutory requirements for conducting a ballot. As a result, the union was permitted to proceed with the ballot to ascertain employee support for protected industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established