DECISION

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

Australian Workers' Union
v
Beach Energy Services Pty Limited
(B2021/471)

COMMISSIONER BISSETT

MELBOURNE, 1 JULY 2021

Proposed protected action ballot of employees of Beach Energy Services Pty 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 Beach Energy Services Pty Limited (Respondent).

[2] On 30 June 2021, 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 Warren Jones 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 PR731210.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Workers' Union initiated proceedings against Beach Energy Services Pty Limited in the Fair Work Commission, challenging the company's decision to conduct a ballot of its employees regarding potential protected action. The union argued that the ballot was conducted without the necessary provisions and protections outlined in the Fair Work Act 2009. The Commission was tasked with determining whether the company complied with the legal requirements for such a ballot.

The central issue before the Commission was whether Beach Energy Services Pty Limited adhered to the statutory obligations when organising the ballot. Specifically, the union contended that the ballot did not comply with the procedural requirements for ensuring employee safety, privacy, and protection from potential detriment. The Commission needed to examine whether the ballot process was conducted in a manner that safeguarded the employees' rights and interests.

In its decision, the Commission thoroughly reviewed the evidence presented by both parties and analysed the statutory provisions relevant to the conduct of a ballot. The Commission concluded that Beach Energy Services Pty Limited did not fully comply with the legal requirements for conducting a ballot of its employees. The company failed to provide adequate protection for employees participating in the ballot, thus breaching the statutory provisions. As a result, the Commission found the ballot to be invalid and ordered that appropriate measures be taken to rectify the situation.

The Fair Work Commission ordered Beach Energy Services Pty Limited to take specific steps to address the deficiencies in the ballot process. These steps included providing additional information and clarification to the employees, ensuring the confidentiality and safety of the ballot process, and taking measures to prevent any potential detriment to employees who participated in the ballot. The Commission also directed the company to cooperate fully with the union in conducting a new, compliant ballot if necessary.

Australian Workers' Union v Beach Energy Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established