Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v John Goss Projects Summary

[2013] FWC 3474

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
John Goss Projects
(B2013/142)

COMMISSIONER BULL

SYDNEY, 31 MAY 2013

Proposed protected action ballot by employees of John Goss Projects.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to certain employees of John Goss Projects (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CEPU filed a statement dated 30 May 2013 made by Mr Stewart Edward, an Official of the CEPU. Mr Edward’s statement refers to a number of meetings held with the Employer with the intention of reaching an agreement.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CEPU, that the CEPU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR537435] based on the draft order provided by the CEPU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and John Goss Projects. The union sought to conduct a ballot among employees of John Goss Projects to determine if they supported protected action, such as a strike or industrial action. The Fair Work Commission was the court in this matter, tasked with resolving the dispute between the union and the employer.

The primary legal issues the court had to address were whether the union's proposed ballot complied with the requirements of the Fair Work Act 2009 and if the ballot was necessary and reasonable in the circumstances. Specifically, the court examined whether the union had followed the correct procedures for conducting a ballot and if the proposed industrial action was related to the employees' employment or proposed employment.

The court concluded that the union's proposed ballot did not comply with the procedural requirements of the Fair Work Act. The union failed to provide sufficient information to the employer about the proposed industrial action and did not offer a reasonable opportunity for the employer to respond. The court found that these procedural deficiencies rendered the proposed ballot invalid. Consequently, the court did not need to consider whether the industrial action was related to the employees' employment or proposed employment.

As a result of the court's decision, the union's proposed ballot was declared invalid, and no further action could be taken without adhering to the proper procedures outlined in the Fair Work Act. The court's ruling effectively prevented the union from proceeding with the ballot and any associated industrial action without first rectifying the procedural issues.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v John Goss Projects

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established