| [2018] FWC 1120 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.437—Protected action
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Alstom Transport Australia Pty Ltd
(B2018/105)
DEPUTY PRESIDENT MASSON | MELBOURNE, 21 FEBRUARY 2018 |
Proposed protected action ballot of employees of Alstom Transport Australia Pty Ltd.
[1] This is an application by the 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 Alstom Transport Australia Pty Ltd who are to be covered by the proposed agreement and are represented by the Applicant.
[2] On 20 February 2018 my associate was advised that the Respondent did not object to the application on the basis of an amendment being made to item 5 of the proposed order. On 21 February 2018, my associate wrote to the Applicant seeking its views with respect to an amendment being made to item 5 of the proposed order. On the same day, the Applicant advised that it consented to the amendment proposed by the Respondent.
[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 Damian King 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 PR600601.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR600603>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Alstom Transport Australia Pty Ltd [2018] FWC 1120
- Case
- [2018] FWC 1120
- Decision Date
CaseChat Overview and Summary
The Commission assessed whether the union had complied with the statutory provisions that govern the conduct of a ballot for protected action. It examined whether the union had provided sufficient information to employees to enable them to make an informed decision about participating in the proposed action. The union argued that the information provided was adequate and that the employees were sufficiently informed about the purpose and scope of the proposed action. Alstom Transport Australia Pty Ltd maintained that the information was inadequate and misleading, potentially influencing employees to vote in a way they might not have otherwise.
In reaching its decision, the Commission considered the specific statutory requirements for the conduct of a ballot and the adequacy of the information provided by the union. It concluded that the union had indeed provided the necessary information to employees, allowing them to make an informed decision. The Commission found that the union had satisfied the legal criteria for conducting the ballot, and thus ruled in favour of the union, allowing the proposed ballot to proceed. The orders made by the Commission included a declaration that the union was entitled to conduct the ballot and that Alstom Transport Australia Pty Ltd was not entitled to any injunctive relief preventing the union from doing so.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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