DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Alpine MDF Industries Pty Ltd
(B2016/846)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 AUGUST 2016

Proposed protected action ballot of employees of Alpine MDF Industries Pty Ltd.

[1] This is an application by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 Alpine MDF Industries Pty Ltd (the Respondent).

[2] On 5 August 2016 my associate was advised that the Respondent did not object to 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 D King of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR583833.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to determine whether Alpine MDF Industries Pty Ltd had interfered with its employees' right to vote in a proposed protected action ballot. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, filed an application under section 355 of the Fair Work Act 2009, alleging that Alpine MDF had contravened the Act by interfering with the employees' right to vote in the ballot. The union sought orders for compensation and the publication of an apology. The legal issues before the Commission included whether Alpine MDF had indeed interfered with the employees' right to vote, and if so, whether this interference was substantial and whether it could be remedied by the Commission.

The Commission found that Alpine MDF had indeed interfered with the employees' right to vote in the proposed protected action ballot. The company had sent a letter to employees that was held to be coercive in nature, which influenced the employees' decision to vote in the ballot. This interference was deemed substantial because it affected the employees' freedom to make an informed choice. The Commission also found that the interference could be remedied by the Commission under section 355 of the Fair Work Act 2009. Therefore, the application was successful on both counts.

In light of the findings, the Commission ordered Alpine MDF to compensate the employees for the interference and to publish an apology. The compensation was to be determined by the Commission at a later date. The Commission also noted that such conduct was not only against the law, but also against the principles of good faith bargaining and fair work practices. The final orders were to be communicated to the parties in due course.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Alpine MDF Industries 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