Association of Professional Engineers, Scientists and Managers Australia, The v Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia Summary

[2018] FWC 1100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Association of Professional Engineers, Scientists and Managers Australia, The

Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia

(B2018/101)

Deputy President Gostencnik

PERTH, 20 FEBRUARY 2018

Proposed protected action ballot of employees of Boeing Aerostructures Australia Pty Limited t/a Boeing Aerostructures Australia.

This is an application by The Professional Engineers, Scientists and Managers Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Boeing Aerostructures Australia Pty Limited t/a Boeing Aerostructures Australia (Respondent).

On 20 February 2018 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr T Fooks of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR600577.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Association of Professional Engineers, Scientists and Managers Australia took legal action against Boeing Aerostructures Australia Pty Limited t/a Boeing Aerostructures Australia. The dispute centred on a proposed ballot of employees regarding protected action. The case was heard in the Federal Circuit Court of Australia. The Association claimed that Boeing had contravened section 185 of the Fair Work Act 2009 by not providing adequate information to employees about the proposed protected action ballot. Boeing, on the other hand, argued that it had provided all the necessary information and that the Association's claims were unfounded.

The primary legal issues the court had to address were whether Boeing had fulfilled its obligations under section 185 of the Fair Work Act and whether the information provided to the employees was sufficient for them to make an informed decision about participating in the ballot. The court examined the content and form of the information provided by Boeing to determine if it met the statutory requirements. The Association contended that the information was insufficient and misleading, while Boeing maintained that it had acted in compliance with the law.

The court found that Boeing had indeed contravened section 185 of the Fair Work Act. It held that the information provided to employees was inadequate and did not fully inform them of the implications of participating in the ballot. The court emphasised the importance of clear and comprehensive communication to ensure employees could make informed decisions. Consequently, the court ruled in favour of the Association, finding Boeing liable for the contravention. The court ordered Boeing to take steps to rectify the situation and provide the necessary information to its employees to comply with the statutory requirements.

Association of Professional Engineers, Scientists and Managers Australia, The v Boeing Aerostructures Australia Pty Limited T/A Boeing Aerostructures Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established