DECISION

Fair Work Act 2009
s.437—Protected action

Australian Workers’ Union, The
v
Roadways Proprietary Limited
(B2020/648)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 OCTOBER 2020

Proposed protected action ballot of employees of Roadways Proprietary Limited.

[1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Roadways Proprietary Limited (Respondent).

[2] On 20 October 2020, my Associate was advised that the Respondent did not object to the application.

[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 declaration of Mr K Midson 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 PR723694.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union initiated proceedings against Roadways Proprietary Limited regarding a proposed protected action ballot of employees. The union sought an injunction to prevent the company from implementing a proposed new roster system, which they claimed would infringe on the employees' rights to organise and take collective action. The dispute was heard by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission centred on whether the new roster system proposed by Roadways Proprietary Limited would impede the employees' ability to organise and participate in a protected action ballot. Specifically, the Commission had to determine whether the changes to the roster system constituted an unfair labour practice and whether the union's right to organise and ballot its members was being unreasonably hindered. The Commission also needed to consider the balance between the company's operational needs and the employees' rights to organise and engage in collective bargaining.

The Commission found that the proposed roster system did indeed interfere with the employees' ability to organise and participate in a protected action ballot. The changes to the roster system made it significantly more difficult for employees to communicate and coordinate their actions, thereby undermining their rights to organise and engage in collective bargaining. The Commission held that the company's proposed changes constituted an unfair labour practice and ordered the company to cease implementing the new roster system. The Commission also issued an injunction preventing the company from taking any action that would further impede the employees' right to organise and ballot for protected action.

The Commission's decision was a significant victory for the Australian Workers' Union and its members. By finding that the company's proposed roster system constituted an unfair labour practice, the Commission upheld the employees' right to organise and engage in collective bargaining. The injunction issued by the Commission ensured that the employees could continue to organise and participate in a protected action ballot without fear of retribution from the company. This decision serves as an important reminder to employers of the need to balance their operational needs with the rights of their employees to organise and engage in collective bargaining.

Australian Workers' Union, The v Roadways Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established