DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Municipal, Administrative, Clerical and Services Union
v
CS Energy Limited
(B2020/428)

VICE PRESIDENT CATANZARITI

SYDNEY, 10 AUGUST 2020

Proposed protected action ballot of employees of CS Energy Limited.

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

[2] On 10 August 2020, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Mr John Donaghy of the Applicant declared on 7 August 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR721704.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (AMACU) brought a case against CS Energy Limited, seeking to compel the company to conduct a ballot of its employees regarding proposed protected action. The Fair Work Commission (FWC) was the court that heard this dispute. The union argued that the company was required under the Fair Work Act to hold a ballot before any protected action could be taken.

The central legal issues revolved around whether the union had the right to demand a ballot and whether CS Energy Limited had correctly followed the necessary procedures to ensure that the employees' interests were properly represented. The court had to determine if the union's request was valid under the Act and whether the company's actions were in compliance with the statutory requirements.

The FWC found that the union's request for a ballot was justified and that CS Energy Limited had not properly followed the necessary procedures. The Commission held that the company was indeed required to conduct a ballot before taking any protected action. The court emphasised that the protection of employees' rights to take part in protected action and the importance of ensuring that employers followed the correct procedures were paramount. Consequently, the FWC ordered CS Energy Limited to conduct the ballot as requested by the union.

Australian Municipal, Administrative, Clerical and Services Union v CS Energy Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established