DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Australian Lamb Colac Labour Hire Pty Ltd
(B2019/466)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 JUNE 2019

Proposed protected action ballot of employees of Australian Lamb Colac Labour Hire Pty Ltd.

[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 Australian Lamb Colac Labour Hire Pty Ltd (Respondent).

[2] On 13 June 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 Troy Knight 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 PR709309.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an order against Australian Lamb Colac Labour Hire Pty Ltd to prevent the employer from dismissing employees during a proposed ballot for protected industrial action. The Fair Work Commission was called upon to decide whether the proposed ballot could proceed, and if so, whether the employer could lawfully dismiss employees during this period.

The court had to determine if the proposed ballot was in compliance with the Fair Work Act 2009 and if the employer's proposed dismissals during the ballot period were justified. The central issue was whether the employer had a valid reason to dismiss employees that outweighed the employees' right to engage in protected industrial action. The court examined the evidence provided by both parties and considered the potential impact of the proposed dismissals on the employees' ability to participate in the ballot.

The Fair Work Commission found that the proposed ballot was valid and that the employer's reasons for dismissing employees during this period were not sufficient to outweigh the employees' right to engage in protected action. The court concluded that the employer's actions would have a detrimental effect on the employees' ability to participate in the ballot, and therefore, the employer could not lawfully dismiss employees during this period. The court's decision upheld the employees' right to engage in protected industrial action without fear of unjust dismissal.

The Fair Work Commission issued an order preventing the employer from dismissing employees during the proposed ballot period. The employer was directed to ensure that the employees could participate in the ballot without fear of reprisal, and to refrain from any actions that could interfere with the employees' right to engage in protected industrial action. This decision reinforced the importance of protecting employees' rights to participate in industrial action, and the need for employers to balance these rights with their legitimate business interests.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Lamb Colac Labour Hire 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