DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
ASSA ABLOY Entrance Systems Australia Pty Limited
(B2019/766)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 12 SEPTEMBER 2019

Proposed protected action ballot of employees of ASSA ABLOY Entrance Systems Australia Pty Limited.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ASSA ABLOY Entrance Systems Australia Pty Limited (Respondent).

[2] On 11 September 2019, 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 S Diston 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 PR712329.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court was asked to consider an application for an injunction to prevent the Communications, Electrical, Electronic, Energy, Postal, Plumbing and Allied Services Union of Australia from conducting a ballot of its members in relation to proposed industrial action against ASSA ABLOY Entrance Systems Australia Pty Limited. The union intended to conduct the ballot in accordance with its own internal rules and procedures, and sought a declaration that it was not obliged to comply with the requirements of the Fair Work Act 2009. The employer argued that the union was required to comply with the Act and that its failure to do so would result in invalid industrial action. The court was required to determine whether the union was required to comply with the provisions of the Act relating to protected action ballots, and whether the employer was entitled to an injunction to prevent the union from conducting the ballot. The court held that the union was required to comply with the provisions of the Act relating to protected action ballots, and that it had not done so. The court found that the union's internal rules and procedures did not comply with the requirements of the Act, and that the union was therefore obliged to conduct the ballot in accordance with the provisions of the Act. The court also found that the employer was entitled to an injunction to prevent the union from conducting the ballot until it had complied with the requirements of the Act. The court held that the union's failure to comply with the Act would result in invalid industrial action, and that the employer was therefore entitled to seek an injunction to prevent the union from engaging in such action. The court made an order that the union refrain from conducting the ballot until it had complied with the requirements of the Act, and that the employer was entitled to seek further orders if the union failed to comply with the order.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Assa ABLOY Entrance Systems Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established