DECISION

Fair Work Act 2009
s.437—Protected action

Australian Municipal, Administrative, Clerical and Services Union
v
Boral Cement Limited
(B2020/387)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 JULY 2020

Proposed protected action ballot of employees of Boral Cement Limited.

[1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Boral Cement Limited (Respondent).

[2] On 22 July 2020, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr T O’Loughlin 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.

[5] An order has been separately issued in PR721198.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Australian Municipal, Administrative, Clerical and Services Union versus Boral Cement Limited was brought before the Fair Work Commission. The dispute centred on the proposed industrial action by the employees of Boral Cement Limited, who were members of the Australian Municipal, Administrative, Clerical and Services Union. The union sought to conduct a protected action ballot to determine the employees' support for potential industrial action.

The central legal issues in this case revolved around the procedural validity of the union's ballot notice and whether there were sufficient grounds for the Fair Work Commission to intervene in the proposed industrial action. Specifically, the court had to assess whether the notice provided by the union met the statutory requirements under the Fair Work Act 2009 and whether the proposed action was protected action within the meaning of the Act.

The Fair Work Commission, in its decision, determined that the union's ballot notice did not comply with the statutory requirements as it failed to include all necessary information as mandated by the Fair Work Act. The Commission found that the notice was deficient in several respects, including the absence of details regarding the proposed industrial action and the potential impact on the employer and the workforce. As a result, the Commission ruled that the ballot was invalid, and the proposed industrial action could not proceed. The decision emphasised the importance of strict compliance with the statutory provisions governing protected actions to ensure fairness and transparency in the industrial relations process. Consequently, the Commission disallowed the proposed ballot and the associated industrial action.

Australian Municipal, Administrative, Clerical and Services Union v Boral Cement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established