DECISION

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

Australian Workers' Union
v
Adelaide Brighton Ltd T/A Southern Quarries
(B2017/1049)

COMMISSIONER HAMPTON

ADELAIDE, 6 NOVEMBER 2017

Proposed protected action ballot of employees of Adelaide Brighton Ltd T/A Southern Quarries.

[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 Adelaide Brighton Ltd T/A Southern Quarries (the Respondent).

[2] On 3 November 2017, the Commission wrote to the Respondent seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that the Respondent does not oppose 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 P Lamps of the Applicant union setting out the steps taken by it in bargaining with the Respondent and confirming 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 all of the requirements in s.443(1) of the Act have been met.

[5] An order in conformity with the Act is being issued in conjunction with this decision. 1

COMMISSIONER

1 PR597463.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought a declaration from the Fair Work Commission that a proposed protected action ballot of employees of Adelaide Brighton Ltd T/A Southern Quarries was valid. The Commission had previously found that the ballot was invalid due to procedural errors and a failure to provide relevant information to the employees. The Union challenged this decision, arguing that the Commission had erred in law. The matter was heard by the Full Bench of the Fair Work Commission, which was required to determine whether the Commission had indeed erred in its initial findings. The court needed to assess the validity of the procedural steps taken by the Union and the adequacy of the information provided to the employees.

The court found that the Commission had not erred in law in its initial determination that the ballot was invalid. The Union had failed to follow the necessary procedural steps and had not provided the employees with all relevant information. The court emphasised the importance of procedural fairness and the need for unions to ensure that all steps are taken in accordance with the law and that all necessary information is provided to employees. The court held that the Commission's decision was correct and that the Union's appeal should be dismissed.

The Full Bench of the Fair Work Commission dismissed the Union's appeal. The court found that the Commission had not erred in law in its determination that the proposed ballot was invalid. The Union had failed to follow the necessary procedural steps and had not provided the employees with all relevant information. The decision was upheld, and the Union's appeal was dismissed. The court emphasised the importance of procedural fairness and the need for unions to ensure that all steps are taken in accordance with the law and that all necessary information is provided to employees. The court held that the Commission's decision was correct, and the appeal was dismissed with no orders for costs.

Australian Workers' Union v Adelaide Brighton Ltd T/A Southern Quarries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established