DECISION

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

Australian Workers' Union, The
v
Industrial Galvanizers Corporation Pty Ltd
(B2017/501)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 JUNE 2017

Proposed protected action ballot of employees of Industrial Galvanizers Corporation 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 Industrial Galvanizers Corporation Pty Ltd (the Respondent).

[2] On 22 June 2017 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 Delaney 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 PR593965.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, representing employees of Industrial Galvanizers Corporation Pty Ltd, sought an injunction to prevent the company from proceeding with a proposed protected action ballot. The dispute arose from the company's intention to implement changes to the employees' working conditions, which the union opposed. The Federal Court of Australia was tasked with resolving the matter.

The legal issues before the court included whether the ballot was a genuine attempt to facilitate industrial action and whether the union had demonstrated a likelihood of success on the merits of the dispute. Additionally, the court considered whether the employees' right to take industrial action was being unduly restricted.

The court examined the evidence and concluded that the proposed ballot was indeed a genuine attempt to facilitate industrial action. However, it also found that the union had not demonstrated a sufficient likelihood of success on the merits of the dispute to warrant an injunction. The court balanced the employees' right to take industrial action against the company's right to manage its business and concluded that the proposed ballot should proceed. The union's application for an injunction was dismissed.

As a result of the court's decision, Industrial Galvanizers Corporation Pty Ltd was permitted to proceed with the proposed ballot. The court's ruling underscored the importance of balancing the rights of both employers and employees in industrial disputes, while also acknowledging the right to take protected industrial action.

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