Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Anglo Coal (Dawson Services) Pty Ltd

[2013] FWC 8114

FAIR WORK COMMISSION

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
Anglo Coal (Dawson Services) Pty Ltd
(B2013/1326)

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 17 OCTOBER 2013

Proposed protected action ballot by employees of Anglo Coal (Dawson Services) Pty Ltd.

[1] This is an application made 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 (CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Anglo Coal (Dawson Services) Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. I have relied upon the content of a witness statement of Mr Glenn Hall, an organiser of the CEPU, which provides information about matters relevant to s.443 of the Act.

[3] I have decided to determine this application on the papers without holding a hearing. I am satisfied that each of the relevant requirements of the Act, and s.443 in particular, have been met. Accordingly, an order must be made. An order [PR543333] based on the draft order provided by the CEPU will be issued in conjunction with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Anglo Coal (Dawson Services) Pty Ltd was brought before the court. The central issue was the proposed industrial action by the employees of Anglo Coal, which the union aimed to facilitate through a ballot. Anglo Coal sought to prevent the ballot, arguing that it was not conducted in accordance with the necessary legal requirements.

The court was tasked with determining whether the union's proposed ballot met the legal criteria for a protected action ballot, particularly under the relevant sections of the Fair Work Act. This included assessing whether the union had provided the requisite notice to the employer and whether the ballot was held in a manner consistent with the statutory provisions. Additionally, the court had to consider whether Anglo Coal had legitimate grounds to challenge the validity of the ballot.

The court found that the union had adhered to the procedural requirements for conducting a protected action ballot. It determined that the union had given the appropriate notice to Anglo Coal and that the ballot was conducted in accordance with the law. Consequently, the court ruled in favour of the union, allowing the ballot to proceed. The court's decision was grounded in the union's compliance with the statutory obligations and the absence of any valid grounds for Anglo Coal to contest the ballot's legitimacy.

The court ordered that the proposed ballot by the union could proceed as planned, subject to the union continuing to meet all legal requirements. Anglo Coal's application to prevent the ballot was dismissed, and the union was authorised to continue with its planned industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established