Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Infront Electrical Pty Ltd

[2022] FWC 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Infront Electrical Pty Ltd

(B2022/1485)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 30 SEPTEMBER 2022

Proposed protected action ballot of employees of Infront Electrical Pty Ltd.

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 Infront Electrical Pty Ltd (Respondent).

On 30 September 2022, my Associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the declaration of Mr Alex Capper 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 PR746393.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has ruled on an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Infront Electrical Pty Ltd, concerning the employees of Infront Electrical Pty Ltd. The union, represented by Mr Alex Capper, has applied under section 437 of the Fair Work Act 2009 for an order allowing a ballot of its members to determine whether they support protected action, in this case, a strike. The union has alleged that it has been genuinely attempting to reach an agreement with Infront Electrical Pty Ltd and has set out the steps it has taken in this regard. The company did not oppose the application, and the Deputy President, Clancy, decided to determine the matter on the papers without a hearing.

The legal issues before the court were whether the union had met the requirements under section 443(1) of the Fair Work Act 2009, which mandates that a notification period must be in place before a ballot for protected action can take place. Additionally, the court had to ascertain whether the union had genuinely been attempting to reach an agreement with the employer, as stipulated in section 437 of the Act. The union submitted a declaration by Mr Capper, which outlined the steps taken in bargaining with the employer and confirmed the union's genuine attempts to reach an agreement.

The court was satisfied, based on the information provided, that the union had indeed been genuinely attempting to reach an agreement with Infront Electrical Pty Ltd, and that a notification period was in place. The declaration of Mr Capper, setting out the union's bargaining efforts and the steps taken, was considered sufficient evidence to meet the requirements of section 443(1) of the Act. As a result, the court found in favour of the union and issued an order permitting the proposed ballot of the employees.

The court's final order, issued in PR746393, grants the union's application for a protected action ballot order concerning the employees of Infront Electrical Pty Ltd. The decision recognises the union's genuine attempts to reach an agreement with the employer and confirms the notification period is in place. This ruling permits the union to proceed with the ballot to determine whether the employees support the proposed protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established