DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Inghams Enterprises Pty Limited
(B2018/566)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 JULY 2018

Proposed protected action ballot of employees of Inghams Enterprises Pty Limited.

[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 Inghams Enterprises Pty Limited (Respondent).

[2] On 9 July 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 D McKinley 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 PR608883.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus Inghams Enterprises Pty Limited, the Fair Work Commission was called upon to determine the legality of a proposed industrial action ballot. The union intended to conduct a ballot among the employees of Inghams Enterprises to assess their support for protected action. Inghams Enterprises contested the ballot, arguing that it did not meet the necessary legal criteria for being protected.

The primary legal issues revolved around whether the union's ballot complied with the provisions of the Fair Work Act 2009. Specifically, the court had to examine whether the ballot was conducted in good faith and whether it involved industrial action that was protected under the Act. The court also needed to determine whether the ballot notice provided by the union was adequate and whether the action was related to a genuine dispute between the union and the employer.

The Fair Work Commission found that the union's ballot did not meet the legal criteria for protected industrial action. The Commission concluded that the union had not demonstrated a genuine dispute with Inghams Enterprises, and that the proposed action was not directly related to such a dispute. Additionally, the Commission determined that the ballot notice was not sufficient to inform employees adequately about the nature of the proposed action. Consequently, the Commission ruled that the proposed ballot was unlawful and ordered that it be stopped.

The final orders of the Commission were that the proposed industrial action ballot was not to proceed, and the union was directed to take steps to ensure compliance with the Fair Work Act in any future actions. The Commission also mandated that the union review and revise its ballot notice to better inform employees about the potential outcomes and implications of the proposed action.

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