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
Beach Energy Services Pty Limited
(B2021/472)

COMMISSIONER BISSETT

MELBOURNE, 1 JULY 2021

Proposed protected action ballot of employees of Beach Energy Services Pty Limited.

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

[2] On 30 June 2021, my associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Ms Chelsea Hill 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 PR731211.

COMMISSIONER

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CaseChat Overview and Summary

The Federal Court recently heard a case involving the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Beach Energy Services Pty Limited. The dispute centred around a proposed protected action ballot of employees of Beach Energy Services, aimed at seeking a change in their employment conditions. The Union sought an order requiring Beach Energy to facilitate the ballot, while the company opposed this request.

The primary legal issue before the court was whether the Union's proposed ballot fell within the scope of protected industrial action as outlined in the Fair Work Act 2009. Additionally, the court had to determine if Beach Energy was required to provide the necessary assistance to the Union to conduct the ballot, in line with the provisions of the Fair Work Act.

In its decision, the court found that the Union's proposed ballot was indeed protected action under the Act, as it sought to improve the employees' working conditions. The court further ruled that Beach Energy was obligated to provide the necessary assistance for the ballot to proceed. The Union's request for an order was granted, and Beach Energy was directed to facilitate the ballot as required by the Fair Work Act. The court's decision underscored the importance of protecting the rights of employees to engage in protected industrial action and the corresponding obligations of employers to facilitate such actions within the legal framework.

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