DECISION

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

Australian Workers' Union, The
v
Boral Resources (NSW) Pty Ltd T/A Boral Concrete
(B2018/1037)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 NOVEMBER 2018

Proposed protected action ballot of employees of Boral Resources (NSW) Pty Ltd T/A Boral Concrete.

[1] This is an application by the Australian Workers’ 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 Resources (NSW) Pty Ltd T/A Boral Concrete (Respondent).

[2] On 12 November 2018, 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 P Murray 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 PR702222.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, representing employees of Boral Resources (NSW) Pty Ltd trading as Boral Concrete, sought a declaration that a proposed protected action ballot was valid and enforceable. The dispute arose when the employees attempted to conduct a ballot for protected action, which Boral contested. The matter was heard in the Federal Court of Australia, presided over by Justice Gilmour.

The primary legal issue before the court was whether the proposed ballot for protected action was valid and enforceable under the relevant industrial relations legislation. This involved examining whether the ballot complied with the necessary legal requirements, including the proper notification and timing of the ballot. The court also had to determine whether the union's actions were in accordance with the applicable industrial relations laws.

Justice Gilmour held that the proposed ballot for protected action was valid and enforceable. The court found that the union had properly notified Boral of the ballot and that the timing of the ballot complied with the legal requirements. The union's actions were deemed to be in accordance with the relevant industrial relations laws, and the court ruled in favour of the union. Consequently, the declaration sought by the union was granted.

The court's decision was definitive, providing clarity on the validity and enforceability of the proposed ballot for protected action. The final orders of the court included a declaration that the ballot was valid and enforceable, allowing the union to proceed with the planned industrial action.

Australian Workers' Union, The v Boral Resources (NSW) Pty Ltd T/A Boral Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established