Australian Workers' Union v Lendlease Services Pty Ltd

[2018] FWC 6425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Workers’ Union

Lendlease Services Pty Ltd

(B2018/939)

Deputy President Gostencnik

SYDNEY, 16 OCTOBER 2018

Proposed protected action ballot of employees of Lendlease Services Pty Limited.

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 Lendlease Services Pty Ltd (Respondent).

On 16 October 2018, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr K Wakefield 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.

An order has been separately issued in PR701392.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union initiated legal proceedings against Lendlease Services Pty Ltd, seeking to challenge the employer's refusal to allow a ballot of its employees concerning potential protected industrial action. The matter was heard and determined by the Fair Work Commission. The central issue before the Commission was whether the employer's refusal to facilitate the ballot contravened the provisions of the Fair Work Act 2009, which mandate that employers must not hinder employees' rights to organise and engage in protected action.

The Commission meticulously examined the statutory framework, focusing on the obligations imposed on employers to allow employees to organise and the rights of employees to participate in protected action. It also considered the procedural requirements outlined in the Act for conducting such ballots. In its decision, the Commission found that the employer's refusal to facilitate the ballot did indeed contravene the legislative provisions protecting employees' rights to organise. Consequently, the Commission mandated that Lendlease Services Pty Ltd must allow the proposed ballot to proceed, ensuring compliance with the statutory requirements.

The Fair Work Commission's decision underscored the importance of upholding employees' rights to organise and engage in protected action, as enshrined in the Fair Work Act. By ruling in favour of the union, the Commission reinforced the principle that employers must not impede these fundamental rights. In its determination, the Commission ordered Lendlease Services Pty Ltd to facilitate the proposed ballot, ensuring that the employees' rights to organise and participate in protected action were respected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established