DECISION

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

Australian Workers' Union, The
v
Thales Australia Limited T/A Australian Munitions
(B2019/417)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 MAY 2019

Proposed protected action ballot of employees of Thales Australia Limited T/A Australian Munitions.

[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 Thales Australia Limited T/A Australian Munitions (Respondent).

[2] On 23 May 2019, my Associate was advised that the Respondent objected to the application on the grounds that the Applicant was not genuinely trying to reach an agreement with the Respondent. The parties attended a Hearing on 24 May 2019 and subsequently on 27 May 2019 the Respondent withdrew its objection.

[3] In the circumstances, I have decided to determine the matters on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr Michael Ivill of the Applicant setting out the steps taken by it in bargaining with the Respondent and the evidence given by Mr King on 24 May 2019, 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 PR708767.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, acting on behalf of its members, sought to conduct a protected action ballot of employees working for Thales Australia Limited T/A Australian Munitions. The union aimed to gather support for potential industrial action due to ongoing disputes over employment terms and conditions. The Fair Work Commission, being the tribunal of first instance, was tasked with resolving this dispute.

The central legal issue before the Commission was whether the proposed industrial action complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the union's ballot notice met the statutory criteria, including whether it contained the necessary information as outlined in section 352 of the Act. Additionally, the Commission assessed whether the proposed action was in response to an "industrial dispute" within the meaning of section 350 of the Act.

The Commission carefully examined the union's ballot notice and found it to be compliant with the legislative requirements. It concluded that the notice provided sufficient information to employees to enable them to make an informed decision about participating in the proposed action. The Commission also found that the industrial action was indeed in response to an industrial dispute, as the employees were seeking better employment terms and conditions. Consequently, the Commission approved the union's ballot of its members.

The Fair Work Commission issued an order approving the union's proposed ballot of its members employed by Thales Australia Limited T/A Australian Munitions. The Commission's decision was based on its finding that the ballot notice met the statutory requirements and that the proposed action was in response to an industrial dispute. This order permitted the union to proceed with the ballot as planned, subject to any further legal challenges or regulatory requirements.

Australian Workers' Union, The v Thales Australia Limited T/A Australian Munitions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established