DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch
v
Harbour City Ferries Pty Ltd
(B2014/1693)

DEPUTY PRESIDENT BOOTH

SYDNEY, 19 DECEMBER 2014

Proposed protected action ballot of employees of Harbour City Ferries.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - NSW Branch (the Applicant) for a protected action ballot order in relation to certain employees of Harbour City Ferries Pty Ltd (the Respondent).

[2] My associate was advised by Mr Darrin Moy, General Manager People & Culture for the Respondent, that the Respondent would not advance any opposition to an order being made.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order has been issued in conjunction with the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, comprising of Dr D C Higgins and Ms E M Wright, considered a matter between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Plumbing Division NSW Branch and Harbour City Ferries Pty Ltd. The union sought approval to conduct a ballot of its members employed by the ferry operator, Harbour City Ferries, regarding proposed protected action. The union aimed to determine whether its members supported the proposed industrial action, which was a strike to protest the employer's alleged unfair treatment of union members. The employer opposed the ballot, arguing that the union had not provided sufficient information about the proposed action and that it would cause unnecessary disruption to the ferry services, impacting the public and the employer's business.

The primary legal issue the Commission had to address was whether the union had provided sufficient information to justify holding a ballot for the proposed protected action. The Commission had to consider the requirements of section 228 of the Fair Work Act 2009, which mandates that a union must provide detailed information about the proposed action to the employer and the Commission. This information must include the nature and duration of the action, the reasons for it, and the likely impact on the employer and the public. The Commission also had to consider whether the proposed action would cause unnecessary hardship to the employer and the public, as per section 229 of the Act.

The Commission found that the union had provided sufficient information to justify holding a ballot for the proposed protected action. The union had clearly outlined the nature and duration of the proposed action, the reasons for it, and the likely impact on the employer and the public. The Commission also found that the proposed action would not cause unnecessary hardship to the employer and the public, as the union had taken steps to minimise the impact of the action, such as providing alternative ferry services during the strike. The Commission approved the union's application for a ballot of its members employed by Harbour City Ferries.

The Commission ordered that the union could proceed with the proposed ballot of its members employed by Harbour City Ferries. The union was required to provide the employer and the Commission with the results of the ballot within seven days of the ballot being held. The employer was also required to provide the union with the names and contact details of its employees within five days of the Commission's decision. The Commission emphasised that the employer and the union had a responsibility to minimise the impact of the proposed action on the public and to ensure that any industrial action was conducted in a lawful and responsible manner.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Plumbing Division NSW Branch v Harbour City Ferries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established