Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which brought an appeal against a decision made by Senior Deputy President Hamberger of the Fair Work Commission on 9 March 2015 in matter number C2014/1137. The decision related to a dispute concerning Endeavour Energy, and the appeal was heard in the Full Bench of the Fair Work Commission.

The legal issues that the court had to decide involved the interpretation of the Fair Work Act 2009, particularly the scope and application of the 'in good faith' requirement in the context of a protected industrial action ballot. The Union argued that the Commission's decision was incorrect in law as it failed to consider whether Endeavour Energy had acted in good faith when conducting the ballot.

The Full Bench considered the relevant legislative provisions and case law, and found that the Commission had indeed erred in its interpretation of the 'in good faith' requirement. The court held that the 'in good faith' requirement was a substantive element of the protected action ballot process, and that the employer's actions in conducting the ballot needed to be assessed against this requirement. The Full Bench quashed the original decision and remitted the matter back to the Commission for reconsideration in light of the correct interpretation of the 'in good faith' requirement.

The Full Bench did not make any final orders in this appeal, as the matter was to be remitted back to the Commission for further consideration. The decision highlights the importance of employers acting in good faith when conducting protected industrial action ballots, and the need for the Fair Work Commission to properly assess the employer's actions in this regard.