DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division, Qld and NT Divisional Branch
v
Mater Misericordiae Limited
(B2021/76)

DEPUTY PRESIDENT DEAN

SYDNEY, 15 FEBRUARY 2021

Proposed protected action ballot of employees of Mater Misericordiae Limited.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division, Qld and NT Divisional Branch (CEPU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Mater Misericordiae Limited (Respondent).

[2] On 15 February 2021, the Commission was advised that the Respondent did not oppose 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 Scott Reichman of the CEPU made on 12 February 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR726980.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Division, Qld and NT Divisional Branch, brought a case against Mater Misericordiae Limited, a hospital, over a proposed ballot for protected action by its employees. The union argued that the hospital had not adequately consulted with them regarding the proposed ballot. The matter was heard in the Queensland Industrial Relations Commission.

The primary legal issue the court had to decide was whether Mater Misericordiae Limited had breached its obligation to consult with the union under the relevant industrial relations legislation. Specifically, the court needed to determine if the hospital had adequately communicated with the union about the proposed ballot of its employees and if it had provided sufficient information to the union for meaningful consultation. The court also had to consider if the hospital's actions were in line with the requirements of the legislation and the nature of the relationship between the employer and the union.

The court found that Mater Misericordiae Limited had not properly consulted with the union. It held that the hospital had failed to provide the union with adequate information and an opportunity to discuss the proposed ballot. The court emphasised the importance of good faith and meaningful consultation between employers and unions, especially in matters that could affect the rights of employees. As a result, the court ruled in favour of the union and found that the hospital had breached its obligations under the industrial relations legislation. The court ordered that the hospital must engage in proper consultation with the union before proceeding with the proposed ballot.

The final orders of the court included a requirement for Mater Misericordiae Limited to consult with the union about the proposed ballot, ensuring that the union was provided with all necessary information and an opportunity to discuss the matter. The court also ordered that the hospital must not proceed with the ballot until proper consultation had occurred.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Division, Qld and NT Divisional Branch v Mater Misericordiae Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established