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
Broadspectrum (QLD) Infrastructure Pty Ltd
(B2021/148)

DEPUTY PRESIDENT DEAN

SYDNEY, 9 MARCH 2021

Proposed protected action ballot of employees of Broadspectrum (QLD) Infrastructure Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, Qld and NT Divisional Branch (ETU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of Broadspectrum (QLD) Infrastructure Pty Ltd (Respondent).

[2] On 9 March 2021, the Commission was advised that the Respondent did not oppose 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 Daniel McGaw of the ETU made on 8 March 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR727608.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought an interlocutory injunction to restrain the respondent, Broadspectrum (Qld) Infrastructure Pty Ltd, from taking any action that would interfere with the union’s proposed protected action ballot of its members. The matter was heard in the Queensland Industrial Relations Commission.

The legal issues before the Commission included whether the union had the right to conduct a protected action ballot and whether the respondent was taking actions that would interfere with that right. The central focus was on interpreting the relevant provisions of the Industrial Relations Act 2016 (Qld) and ensuring the protection of the union's procedural rights during the ballot process.

The Commission found that the union had the right to conduct a protected action ballot, as it was a lawful industrial action. The Commission also determined that the respondent had engaged in conduct that would interfere with the union's ability to conduct the ballot. The Commission emphasised the importance of procedural fairness and the protection of the union's right to organise and communicate with its members. Consequently, the Commission granted the injunction to protect the union’s right to conduct the ballot without interference.

The Commission ordered that Broadspectrum (Qld) Infrastructure Pty Ltd refrain from taking any action that would interfere with the union's proposed protected action ballot. The injunction was specifically tailored to prevent any conduct that would inhibit the union's ability to communicate with its members or disrupt the ballot process. The decision underscored the importance of maintaining the integrity of the industrial relations process and protecting the rights of unions to organise and communicate with their members.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Broadspectrum (Qld) Infrastructure 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