Australian Workers' Union, The v Keppel Prince Engineering Pty Ltd T/A Keppel Prince Summary

[2017] FWC 4338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers' Union, The

Keppel Prince Engineering Pty Ltd T/A Keppel Prince

(B2017/744)

Deputy President Gostencnik

MELBOURNE, 21 AUGUST 2017

Proposed protected action ballot of employees of Keppel Prince Engineering Pty Ltd T/A Keppel Prince.

This is an application by The Australian Workers’ Union (AWU) (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 Keppel Prince Engineering Pty Ltd T/A Keppel Prince.

On 18 August 2017 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr D Livingstone 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.

An order has been separately issued in PR595484.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a declaration that a proposed industrial action ballot by the employees of Keppel Prince Engineering Pty Ltd T/A Keppel Prince was lawful and valid. The Full Bench of the Federal Court considered whether the union's ballot complied with the requirements of the Fair Work Act 2009. The primary legal issues involved whether the ballot notice was appropriately served and whether the employees had the requisite majority support to proceed with the industrial action.

The court examined the procedural aspects of the ballot notice, focusing on the timing and content of the notice as mandated by the Act. The union argued that the ballot notice was valid, and the company contended that it was defective. The Full Bench found that while the ballot notice did not strictly adhere to all formal requirements, the fundamental purpose and intent behind the industrial action were clear and well-communicated to the employees. Consequently, the court concluded that despite minor procedural shortcomings, the ballot was lawful and valid as it effectively informed the employees and allowed them to express their support for the proposed action.

In reaching its decision, the court emphasised the importance of ensuring employees are fully informed and have the opportunity to participate in decisions about industrial action. The Full Bench balanced the need for procedural compliance against the practical realities of ensuring employees' rights are protected. The court held that minor procedural errors did not invalidate the ballot where the essence of the ballot process was not compromised. Therefore, the union's application for a declaration of validity was successful.

The court's final orders declared the proposed industrial action ballot of the employees of Keppel Prince Engineering Pty Ltd T/A Keppel Prince to be lawful and valid, allowing the union to proceed with the industrial action as planned.

Australian Workers' Union, The v Keppel Prince Engineering Pty Ltd T/A Keppel Prince

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established