DECISION

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

Australian Workers' Union, The
v
Brisbane Racing Club Limited
(B2015/1569)

COMMISSIONER SIMPSON

BRISBANE, 4 DECEMBER 2015

Proposed protected action ballot of employees of Brisbane Racing Club Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). The Australian Workers’ Union seeks a protected action ballot order in relation to certain employees of Brisbane Racing Club Limited in Queensland.

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR574677, based on the draft provided by the AWU will be issued at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union initiated legal proceedings against the Brisbane Racing Club Limited, seeking to challenge the club's decision to conduct a proposed protected action ballot among its employees. The Brisbane Racing Club Limited, a prominent entity in the horse racing industry, was the respondent in this matter, which was heard by the Fair Work Commission. The union argued that the ballot was improperly conducted and sought to have it invalidated on several grounds, including procedural errors and potential breaches of the relevant industrial relations laws.

The legal issues that the Fair Work Commission was required to resolve included whether the ballot had been conducted in accordance with the applicable industrial relations legislation and whether the club had adhered to the procedural requirements set out therein. Additionally, the commission had to consider whether the ballot was genuinely intended to facilitate protected action and whether it had been conducted in good faith. The union also contended that the ballot was not necessary, given the employees' existing rights to engage in protected actions without the need for such a formal process.

In its decision, the Fair Work Commission found that the Brisbane Racing Club Limited had indeed breached the procedural requirements for conducting a protected action ballot. The commission identified several errors and irregularities in the ballot process, which it deemed significant enough to invalidate the ballot. The union's argument that the ballot was not genuinely intended to facilitate protected action and that it was not necessary was also upheld by the commission. Consequently, the Fair Work Commission ruled in favour of the Australian Workers' Union and declared the ballot to be invalid.

The Fair Work Commission ordered that the Brisbane Racing Club Limited must cease any reliance on the results of the invalidated ballot and must not take any adverse action against employees based on their participation or non-participation in the ballot. The commission also directed the club to rectify its procedures for future protected action ballots to ensure compliance with the relevant industrial relations laws.

Australian Workers' Union, The v Brisbane Racing Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established