DECISION

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

Australian Workers' Union, The
v
Camec Pty Ltd T/A Camec
(B2019/548)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 JULY 2019

Proposed protected action ballot of employees of Camec Pty Ltd.

[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 Camec Pty Ltd T/A Camec (Respondent).

[2] On 16 July 2019, 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 Bonica 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 PR710344.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union was involved in a dispute with Camec Pty Ltd, trading as Camec, before the Fair Work Commission. The union sought to conduct a ballot of Camec's employees concerning potential protected industrial action. Camec opposed the ballot, arguing that the proposed action did not relate to a genuine dispute and that the union had not provided sufficient details for the ballot to be valid. The Commission was tasked with determining whether the union's ballot was valid and whether the proposed industrial action could proceed.

The central legal issues revolved around the validity of the ballot and the nature of the dispute. The Commission had to assess whether the proposed action related to a genuine dispute between the union and Camec and whether the ballot complied with the relevant provisions of the Fair Work Act. Additionally, the Commission considered whether the union had provided sufficient information to allow employees to make an informed decision regarding the proposed action.

In its decision, the Commission found that the proposed industrial action related to a genuine dispute between the union and Camec. The Commission also determined that the union's ballot was valid as it contained the necessary information for employees to make an informed decision. The union had provided sufficient details to support the proposed action, and the ballot complied with the relevant statutory requirements. Consequently, the Commission ruled in favour of the union, allowing the proposed industrial action to proceed.

The Commission's final orders permitted the union to conduct the ballot of Camec's employees concerning the proposed industrial action. The decision reinforced the importance of genuine disputes and the need for unions to provide adequate information when seeking to conduct a ballot for potential industrial action. This case underscores the Commission's role in balancing the rights of employees to engage in protected industrial action with the need to ensure that such actions are genuinely related to a dispute and that employees are fully informed of the proposed action.

Australian Workers' Union, The v Camec Pty Ltd T/A Camec

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established