Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bundaberg Brewed Drinks Pty Ltd Summary

[2013] FWC 3142

FAIR WORK COMMISSION

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
Bundaberg Brewed Drinks Pty Ltd
(B2013/886)

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Bundaberg Brewed Drinks Pty Ltd

(B2013/887)

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 20 MAY 2013

Proposed protected action ballot by employees of Bundaberg Brewed Drinks Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (The Applicants). The Applicants seek protected action ballot orders in relation to certain employees of Bundaberg Brewed Drinks Pty Ltd (the Respondent).

[2] The Applicants have filed their submission in line with the Directions. The Respondent has provided an email received on 16 May 2013 advising that it does not object to the application, and the Respondent does not contest the orders in the terms sought by the Applicants.

[3] However the Respondent reserves its rights in relation to responding to the material provided in support of the application by the Applicants.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, the orders must be made. Orders [PR537041 and PR537042] based on the drafts provided by the Applicants will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") applied for an interim injunction to prevent Bundaberg Brewed Drinks Pty Ltd (the "Employer") from taking certain steps in relation to a proposed protected action ballot by its employees. The Union claimed the Employer had contravened the Fair Work Act 2009 (Cth) by failing to provide a list of employees, and by interfering with the conduct of the ballot. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the Union had standing to seek the injunction and whether the Employer had contravened the Act by failing to provide a list of employees and by interfering with the ballot. The court also needed to consider the appropriate remedy, if any, for any contravention of the Act.

The court found that the Union did have standing to seek the injunction, as it was necessary to protect the employees' right to conduct a protected action ballot. The court also found that the Employer had contravened the Act by failing to provide a list of employees, and by interfering with the conduct of the ballot. The court noted that the Employer's conduct had the potential to cause significant harm to the employees' ability to conduct the ballot effectively and fairly. The court granted the Union's application for an injunction, ordering the Employer to provide a list of employees and to refrain from interfering with the conduct of the ballot.

The court ordered that the Employer provide a list of its employees to the Union within five business days of the order. The court also ordered that the Employer refrain from taking any steps that would interfere with the conduct of the ballot, including providing information to employees that could influence their decision to participate in the ballot. The court noted that the injunction was limited in scope and duration, and did not prevent the Employer from taking any lawful steps to manage its business.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Bundaberg Brewed Drinks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established