DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Getinge Australia Pty. Ltd.
(B2018/1006)

DEPUTY PRESIDENT GOSTENCNIK

SYDNEY, 31 OCTOBER 2018

Proposed protected action ballot of employees of Getinge Australia Pty. Ltd.

[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 Getinge Australia Pty. Ltd. (Respondent).

[2] On 31 October 2018, 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 R Lia 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 PR701965.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Getinge Australia Pty. Ltd. The union sought to conduct a ballot of employees regarding potential protected action. Getinge Australia Pty. Ltd. challenged the union's right to conduct such a ballot. The case was heard in the Federal Court of Australia.

The central legal issue was whether the union was authorised to call for a ballot of the employees of Getinge Australia Pty. Ltd. regarding proposed protected action. This involved determining whether the union had the requisite membership and industrial purpose to warrant the ballot. Additionally, the court needed to consider whether the proposed action fell within the scope of activities protected under the Fair Work Act 2009 (Cth).

The court examined the union's membership records and the nature of the proposed action. It found that the union had sufficient membership and industrial purpose to warrant the ballot. The court also determined that the proposed action was protected under the Fair Work Act 2009 (Cth). Consequently, the court ruled in favour of the union, granting it the right to conduct the ballot. The decision underscored the importance of ensuring that unions have the necessary membership and industrial purpose to take industrial action, while also affirming the protection of such actions under the relevant legislation. The court's decision was that the union was authorised to proceed with the ballot as requested.

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