DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Boral Cement Limited
(B2020/390)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 22 JULY 2020

Proposed protected action ballot of employees of Boral Cement 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 Boral Cement Limited (Respondent).

[2] On 22 July 2020, 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 C 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 PR721212.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Boral Cement Limited, the Fair Work Commission was asked to consider the union's proposed protected action ballot, which sought to determine if the employees of Boral Cement Limited would support industrial action. The union sought to conduct a protected action ballot, which is a ballot of employees to determine whether they support taking industrial action, in order to pressure the employer to agree to certain terms and conditions of employment.

The legal issues before the commission were whether the proposed protected action was protected action as defined in the Fair Work Act, and whether the union had complied with the procedural requirements for a protected action ballot. The union argued that the proposed action was protected action as it was intended to secure better conditions of work for the employees, and that it had complied with all procedural requirements. The employer contended that the proposed action was not protected action as it was intended to pressure the employer to agree to certain terms, and that the union had not complied with all procedural requirements.

The commission found that the proposed action was protected action as it was intended to secure better conditions of work for the employees, and that the union had complied with all procedural requirements. The commission noted that the union had provided the employer with the necessary details of the proposed action, and that the employer had not objected to the proposed action on procedural grounds. The commission also found that the union had provided the employees with sufficient information to enable them to make an informed decision about whether to support the proposed action. Accordingly, the commission approved the union's application for a protected action ballot.

The commission ordered that the union's proposed protected action ballot be conducted in accordance with the Fair Work Act and the commission's rules. The commission also ordered that the employer provide the union with certain information about the employees, which the union needed in order to conduct the ballot. The employer was further ordered to take all reasonable steps to ensure that the employees were given the opportunity to vote in the ballot.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Boral Cement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established