Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Incitec Pivot Limited Summary

[2018] FWC 2629

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

Incitec Pivot Limited

(B2018/352)

Deputy President Gostencnik

MELBOURNE, 10 MAY 2018

Proposed protected action ballot of employees of Incitec Pivot Limited.

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 Incitec Pivot Limited (Respondent).

On 10 May 2018 my associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr G Rogers 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.

An order has been separately issued in PR606981.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court heard an application brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Incitec Pivot Limited. The dispute centred on the union's proposal to conduct a ballot of its members, who are employees of Incitec Pivot Limited, regarding potential protected action. The union sought an injunction to prevent the company from interfering with the proposed ballot process.

The legal issues before the court were primarily concerned with the union's right to conduct a ballot under the Fair Work Act 2009 (Cth) and the extent to which the company could lawfully intervene in this process. The union argued that Incitec Pivot Limited had attempted to influence the outcome of the ballot in contravention of the Act, and that this interference warranted an injunction to protect the integrity of the ballot process.

The court considered the arguments presented by both parties, with a particular focus on the provisions of the Fair Work Act and relevant case law. The union submitted that the company's actions were designed to dissuade employees from participating in the ballot or to influence their voting decisions, which would be in breach of the Act. The company, on the other hand, argued that their communications with employees were lawful and aimed at providing information rather than influencing the ballot. After careful consideration of the evidence and arguments, the court found that Incitec Pivot Limited had indeed interfered with the ballot process in a manner that was inconsistent with the provisions of the Fair Work Act. The court granted the union's application for an injunction, prohibiting the company from further interfering with the proposed ballot of its employees. The final orders of the court included the injunction and a declaration that the company's previous communications to employees were unlawful.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Incitec Pivot Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established