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
DP World Brisbane Pty Limited
(B2016/538)

COMMISSIONER SIMPSON

BRISBANE, 18 MAY 2016

Proposed protected action ballot of employees of DP World Brisbane Pty Limited.

[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 (CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of DP World Brisbane Pty Limited (the Employer).

[2] The Employer has advised that it does not oppose the application.

[3] 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.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR580447, based on the draft provided by the CEPU, will be issued with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court was asked to consider an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking an order to permit a ballot of its members, employees of DP World Brisbane Pty Limited, on proposed protected action. The application was opposed by the employer. The nature of the dispute was the union's request to conduct a ballot on potential industrial action, which the employer contested on the basis that it had not been provided with sufficient information to adequately respond.

The central legal issue before the court was whether the union's ballot notice contained sufficient information to meet the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the notice provided the employer with adequate detail about the proposed industrial action to allow it to make an informed response. The court was also required to consider whether the employer's opposition to the ballot was justified based on the information provided.

The court found that the union's ballot notice did not provide sufficient information for the employer to make an informed response. The notice lacked detail about the nature, timing, and expected impact of the proposed action, which was critical for the employer to effectively engage in negotiations and assess the potential consequences. The court concluded that the employer's opposition to the ballot was valid because the union had not met its obligations under the Act. Consequently, the court declined to order the union to conduct the ballot without further information being provided to the employer.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v DP World Brisbane 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