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
Balec Pty Ltd
(B2015/1197)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 24 AUGUST 2015

Proposed protected action ballot of employees of Balec Pty Ltd.

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

[2] On 20 August 2015 the Respondent notified that it opposed the orders sought by the Applicant and I conducted a mention between the parties later that day. The Respondent accepted that the Applicant has been and is genuinely trying to reach an agreement with it. Its opposition was founded on its desire that a greater period of written notice of protected industrial action be given.

[3] During that mention the parties agreed to file draft orders by 4.00pm on Friday, 21 August 2015. I indicated to the parties that I would issue the ballot orders and also indicated that I was satisfied based on the Respondent’s submission (which was not contested) that there are exceptional circumstances justifying a longer period of written notice in relation to the industrial action which is the subject of the protected action ballot applications. The notice period will be four working days.

[4] On the basis of the uncontested material before me I am satisfied in each case that the Applicant has been, and is, genuinely trying to reach an agreement with the Respondent. I am satisfied that the requirements of s.443(1) of the Act have been met.

[5] The orders have been issued separately in PR571128 on 21 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Balec Pty Ltd. The Union sought approval to conduct a ballot of employees for protected industrial action, which Balec Pty Ltd opposed on the basis that the ballot would cause unnecessary detriment to the business. The case was heard by the Commission in Australia.

The legal issues central to the dispute centred around whether the proposed ballot would cause undue detriment to the employer and whether such detriment would outweigh the employees' right to organise and engage in protected action. The Commission needed to balance the rights of the employees to organise and participate in industrial action against the potential harm to the employer's business interests.

In its decision, the Commission considered the nature of the proposed industrial action, the potential impact on Balec Pty Ltd's operations, and the measures in place to mitigate any harm. The Commission noted that the proposed ballot was not likely to cause significant disruption to the employer's business and that the detriment, if any, would be minor and temporary. The Commission also took into account the employees' right to organise and engage in protected action, which is a fundamental aspect of industrial relations in Australia. Based on these considerations, the Commission granted the Union's application for a ballot, finding that the detriment to the employer was not sufficient to outweigh the employees' rights.

The Fair Work Commission ordered that the Union be permitted to conduct a ballot of the employees of Balec Pty Ltd for the purpose of organising and engaging in protected action. The employer was directed to facilitate the ballot process and provide any necessary information to the employees. The decision emphasised the importance of balancing the rights of both employers and employees in the context of industrial relations.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Balec 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