DECISION

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

Australian Workers' Union, The
v
Solve Engineering Pty Ltd; Solve Maintenance Services Pty Ltd
(B2017/725)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 14 AUGUST 2017

Proposed protected action ballot of employees of Solve Engineering Pty Ltd and Solve Maintenance Services Pty Ltd.

[1] 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 Solve Engineering Pty Ltd and Solve Maintenance Services Pty Ltd.

[2] On 14 August 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 J Sharp 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 PR595331.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a declaration that a proposed protected action ballot of employees of Solve Engineering Pty Ltd and Solve Maintenance Services Pty Ltd was lawful. The dispute arose out of an industrial action proposed by the Union, which sought to conduct a ballot of employees to determine whether they supported protected industrial action. Solve Engineering Pty Ltd and Solve Maintenance Services Pty Ltd sought to prevent the ballot from proceeding, arguing it was not in accordance with the relevant legislation. The matter was heard in the Fair Work Commission.

The legal issue before the Commission was whether the ballot complied with the relevant statutory requirements. Specifically, the Commission had to determine whether the Union had correctly identified the relevant employees, provided the necessary information to them, and whether the ballot was conducted in a manner that was fair and reasonable. The Commission also had to consider whether there were any procedural or substantive defects in the ballot process.

The Fair Work Commission found that the Union had correctly identified the relevant employees and had provided them with the necessary information to make an informed decision. The Commission also found that the ballot was conducted in a fair and reasonable manner, and there were no procedural or substantive defects in the process. The Commission concluded that the proposed ballot was lawful and dismissed the employer's application.

The Fair Work Commission made a declaration that the proposed protected action ballot of employees of Solve Engineering Pty Ltd and Solve Maintenance Services Pty Ltd was lawful. The employer was ordered to cease any action that may prevent the ballot from proceeding and to take all necessary steps to facilitate the ballot. The Union was also ordered to provide the employer with a copy of the ballot papers and any other relevant materials.

Australian Workers' Union, The v Solve Engineering 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