DECISION

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

Australian Workers' Union, The
v
Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers
(B2016/799)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 JULY 2016

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

[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 T/A Industrial Galvanizers (the Respondent).

[2] On 19 July 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 D Swan 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 PR582927.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union brought an action against the Industrial Galvanizers Corporation, seeking to enforce a protected action ballot. The dispute centred on the eligibility of the employees to vote in a proposed protected action ballot, which aimed to seek industrial action against the company. The Fair Work Commission heard the case.

The central legal issue was whether the employees were eligible to participate in the proposed protected action ballot. The eligibility hinged on whether the employees were protected by the relevant industrial provisions, and whether the ballot complied with the necessary legal requirements. The company contested the eligibility of the employees and argued that the ballot was not valid.

The Commission found that the employees were eligible to participate in the ballot, as they were protected by the relevant industrial provisions. The Commission also determined that the ballot was valid, as it complied with the necessary legal requirements. Consequently, the Commission ordered the company to conduct the ballot as proposed by the Union.

The Fair Work Commission ordered the Industrial Galvanizers Corporation to conduct the protected action ballot as proposed by the Australian Workers' Union. The company was directed to provide the necessary information and facilities to the employees to enable them to vote in the ballot. The decision emphasised the importance of ensuring that employees are able to exercise their rights under the industrial provisions.

Australian Workers' Union, The v Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established