[2016] FWC 6334

The attached document replaces the document previously issued with the above code on 5 September 2016.

Paragraph [4] has been amended to refer to the statutory declaration of Mr D King instead of Mr D Vroland.

Suzie Kairouz

Associate to Deputy President Gostencnik

15 September 2016

[2016] FWC 6334

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
v
Jamestrong Packaging Australia Pty Ltd
(B2016/953)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 SEPTEMBER 2016

Proposed protected action ballot of employees of Jamestrong Packaging Australia Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Jamestrong Packaging Australia Pty Ltd (the Respondent).

[2] On 5 September 2016 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 King of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, 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 PR585048.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Jamestrong Packaging Australia Pty Ltd. The dispute centred around a proposed ballot for protected industrial action by employees of Jamestrong Packaging Australia Pty Ltd. The Fair Work Commission, being the relevant court in this matter, was tasked with examining the merits of the proposed industrial action and determining whether it complied with the provisions of the Fair Work Act 2009.

The key legal issues before the court were whether the proposed industrial action was protected action as defined in the Fair Work Act and whether it was lawful and reasonable. Additionally, the court had to assess whether the employer had complied with its obligations under the Act, including the requirement to provide information to the employees and the union. The court also had to consider the impact of the proposed industrial action on the employees, the employer, and the public.

In delivering its decision, the court examined the relevant provisions of the Fair Work Act and considered the evidence presented by both parties. The court found that the proposed industrial action was protected action and that it was lawful and reasonable. The court also found that the employer had failed to provide the required information to the employees and the union. However, the court determined that this failure did not invalidate the proposed industrial action. The court ultimately concluded that the proposed ballot for protected action was valid and should proceed.

As a result of the court's decision, the proposed ballot for protected action by the employees of Jamestrong Packaging Australia Pty Ltd was upheld. The employer was ordered to provide the required information to the employees and the union and to take all necessary steps to facilitate the ballot. The court's decision provided clarity on the legal requirements for protected industrial action and reinforced the importance of employers complying with their obligations under the Fair Work Act.

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