DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Industrial Galvanizers Corporation Pty Ltd
(B2020/88)

DEPUTY PRESIDENT DEAN

SYDNEY, 19 FEBRUARY 2020

Proposed protected action ballot of employees of Industrial Galvanizers Corporation Pty Ltd.

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

[2] On 14 February 2020, the Respondent advised the Commission that it did not oppose the application but requested that clause 6 of the draft order relating to the posting of the order be deleted. The AWU does not object to the exclusion of clause 6.

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

[4] On the basis of the material before me, including the statutory declaration of Cameron Wright of the AWU declared on 19 February 2020, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR716875.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union sought an order that the Industrial Galvanizers Corporation Pty Ltd cease certain actions that interfered with the employees' right to conduct a protected action ballot. The Union alleged that the corporation had taken steps to dissuade employees from participating in the ballot and had made threats to dismiss employees who engaged in the ballot. The dispute arose from the employees' desire to organise a protected action, likely a strike, in pursuit of their employment conditions.

The legal issues before the Commission included whether the corporation had indeed engaged in actions that could be considered as discouraging or intimidating employees from participating in the ballot, and whether such actions constituted an unfair labour practice under the Fair Work Act. The Union argued that the corporation's actions amounted to interference with the employees' rights to organise and engage in protected industrial action. The corporation, on the other hand, contended that its actions were lawful and did not constitute an interference with the employees' rights.

The Commission found that the corporation had indeed taken steps that could be seen as discouraging employees from participating in the ballot. The evidence presented indicated that the corporation had warned employees about the potential consequences of participating in the ballot, which could be interpreted as intimidating. The Commission held that such actions constituted interference with the employees' right to organise and engage in protected action. Consequently, the Commission ordered the corporation to cease and desist from such activities and to take steps to ensure that no further interference occurred. Additionally, the corporation was directed to provide a written assurance that it would not engage in similar actions in the future.

Australian Workers' Union, The v Industrial Galvanizers Corporation 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