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
BCS Infrastructure Support Pty Ltd
(B2017/956)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 OCTOBER 2017

Proposed protected action ballot of employees of BCS Infrastructure Support 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 BCS Infrastructure Support Pty Ltd (Respondent).

[2] On 13 October 2017 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 G Rogers 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 PR596796.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BCS Infrastructure Support Pty Ltd, the Fair Work Commission was called upon to resolve a dispute regarding the proposed industrial action by employees of BCS Infrastructure Support Pty Ltd. The union, representing the employees, sought to conduct a protected action ballot to explore the possibility of strike action due to ongoing dissatisfaction with the terms and conditions of employment. BCS Infrastructure Support Pty Ltd, the employer, opposed the ballot, raising concerns about potential disruptions to their services and the implications of such action on their business operations.

The central legal issues the commission was required to address included the validity of the union's application to conduct the ballot and whether the proposed action met the criteria for protected industrial action under the Fair Work Act 2009. Specifically, the commission needed to determine if the proposed action was in response to a genuine workplace dispute and whether the union had followed the proper procedures as mandated by the Act. Additionally, the commission considered the potential impact of the proposed action on the employer's business and the broader community.

The Fair Work Commission, after thorough examination of the evidence and submissions from both parties, concluded that the union had made a valid application for the proposed ballot. The commission found that there was a genuine workplace dispute, and the proposed action was directly related to this dispute. The union had adequately outlined the issues and had followed the requisite procedural steps. However, the commission also highlighted the importance of considering the potential impact of the proposed action on the employer and the broader community. Ultimately, the commission approved the union's application, allowing the ballot to proceed, but with the understanding that the outcomes of the ballot must be handled responsibly to mitigate any adverse effects.

No specific final orders were outlined in the decision, as the primary focus was on the approval of the ballot process. However, the commission emphasised that any industrial action resulting from the ballot must be conducted in accordance with the Fair Work Act and any subsequent agreements or outcomes.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v BCS Infrastructure Support 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