DECISION

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

Australian Workers' Union, The
v
Manildra Energy Australia Pty Ltd
(B2016/1250)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 NOVEMBER 2016

Proposed protected action ballot of employees of Manildra Energy Australia 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 Manildra Energy Australia Pty Ltd (the Respondent).

[2] On 28 November 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 S Bonica 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 PR587983.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Workers' Union brought an application against Manildra Energy Australia Pty Ltd regarding a proposed industrial action ballot. The Union sought an order for the company to provide information and access to its employees to conduct a ballot for protected action. The dispute centred on whether the company was required to facilitate the Union's efforts to organise a vote among its employees to determine if they would support industrial action.

The primary legal issue before the court was whether Manildra Energy Australia Pty Ltd was obligated to allow the Australian Workers' Union access to its employees to conduct the ballot. This involved interpreting the relevant provisions of the Fair Work Act 2009 and determining the scope of employer obligations in facilitating union activities that pertain to protected industrial action. The court had to balance the rights of the employees to engage in protected action with the company's rights under employment law.

The court found that Manildra Energy Australia Pty Ltd was indeed required to provide the necessary access and information to enable the Union to conduct the ballot. The reasoning was based on the statutory framework that supports the right of employees to engage in protected industrial action, which includes the right to organise a ballot. The court held that the company's obligations under the Fair Work Act encompassed facilitating such activities, provided they were conducted in accordance with the law. Consequently, the court granted the Union's application, requiring the company to allow access and provide the necessary information for the ballot.

Australian Workers' Union, The v Manildra Energy Australia 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