DECISION

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

Australian Workers' Union, The
v
CMP Controls Pty Ltd
(B2016/598)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 6 JUNE 2016

Proposed protected action ballot of employees of CMP Controls Pty Ltd.

[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 CMP Controls Pty Ltd (the Respondent).

[2] On 3 June 2016 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 C Winter of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR581242.

EPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed a case against CMP Controls Pty Ltd in the Fair Work Commission. The AWU sought approval for a ballot of employees to determine their willingness to engage in protected industrial action. The dispute centred around the proposed ballot, which aimed to ascertain whether employees were prepared to take action in response to certain workplace issues.

The legal issues the court had to decide included whether the ballot was a genuine expression of the employees' wishes, if the proposed industrial action was protected, and whether the ballot process was conducted fairly and lawfully. The court also needed to assess if the proposed action was directly related to the employees' employment conditions.

The Fair Work Commission concluded that the proposed ballot was genuine and properly conducted, and the industrial action was protected. The court found that the AWU had followed the necessary procedures and that the ballot was an appropriate method to gauge employee sentiment. The Commission approved the ballot, allowing it to proceed under the Fair Work Act. This decision provided clarity on the process for conducting a ballot and reinforced the rights of employees and unions to engage in protected industrial action. The Commission's ruling upheld the importance of employee participation in decision-making processes related to industrial action.

Australian Workers' Union, The v CMP Controls Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established