DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
CSR Building Products Limited T/A Viridian New World Glass
(B2019/684)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 AUGUST 2019

Proposed protected action ballot of employees of CSR Building Products 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 CSR Building Products Limited T/A Viridian New World Glass (Respondent).

[2] On 21 August 2019, 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 Daniel Timmers 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 PR711562.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and CSR Building Products Limited trading as Viridian New World Glass. The dispute arose over a proposed protected action ballot of employees. The Fair Work Commission was the court involved in this case.

The central legal issues that the Commission had to decide were whether the union's proposed protected action ballot was valid and whether the employer had contravened any provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the union had complied with the requirements for a protected action ballot and if the employer had engaged in any unfair labour practices.

The Commission examined the union's application for a protected action ballot and the employer's response. It considered the union's compliance with the procedural requirements for a ballot, including the notification to the employer and the provision of relevant information. The Commission also assessed the employer's actions and whether they had acted in a manner that could be considered as interfering with the employees' rights to engage in protected industrial action. Ultimately, the Commission found that the union had complied with the necessary requirements for a protected action ballot and that the employer had not engaged in any unfair labour practices. The Commission approved the union's proposed protected action ballot, allowing the employees to vote on the proposed industrial action.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v CSR Building Products Limited T/A Viridian New World Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established