DECISION

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

Australian Workers' Union, The
v
BOC Limited
(B2017/589)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 14 JULY 2017

Proposed protected action ballot of employees of BOC Limited.

[1] This is an application by The Australian Workers’ Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of BOC Limited (the Respondent).

[2] On 14 July 2017 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr S Leslie 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 PR594546.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union contested a decision by BOC Limited to disallow a proposed ballot of employees concerning protected industrial action. The case was heard in the Federal Court of Australia. The union sought to hold a ballot to determine if employees wished to engage in protected action, including a potential strike, due to disputes over workplace conditions. BOC Limited argued that the proposed ballot was not in accordance with the Fair Work Act 2009 and other relevant industrial relations laws.

The legal issues before the court involved the interpretation of provisions in the Fair Work Act that govern protected industrial action and the processes for balloting employees. Specifically, the court had to determine whether the union's proposed ballot met the legislative requirements and if the company's decision to disallow the ballot was justified. The court also needed to consider whether the union had followed proper procedures and if the proposed action was genuinely for the purpose of protected industrial action.

The Federal Court found in favour of the Australian Workers' Union. The court held that the union's proposed ballot complied with the statutory requirements set out in the Fair Work Act. The union had provided sufficient details to BOC Limited and followed the necessary procedures for conducting the ballot. The court ruled that BOC Limited's decision to disallow the ballot was unreasonable and not supported by the Act. Consequently, the court ordered BOC Limited to allow the union to proceed with the proposed ballot.

Australian Workers' Union, The v BOC Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established