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

[2018] FWC 5969

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

Lactos Pty. Ltd.

(B2018/860)

Deputy President Gostencnik

MELBOURNE, 25 SEPTEMBER 2018

Proposed protected action ballot of employees of Lactos 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 Lactos Pty. Ltd. (Respondent).

On 24 September 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 M Anderson 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 PR700772.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus Lactos Pty. Ltd, the Fair Work Commission was tasked with resolving a dispute concerning the proposed protected action ballot of employees working for Lactos Pty. Ltd. The union sought to organise a protected action ballot to gauge employee support for potential industrial action. Lactos Pty. Ltd opposed this action, arguing that the ballot was not appropriately aligned with the requirements of the Fair Work Act 2009.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 in relation to the procedural requirements for protected action ballots. Specifically, the court needed to determine whether the union had adequately complied with the statutory prerequisites for such ballots and whether Lactos Pty. Ltd's objections were justified. This included examining the validity of the ballot notice, the timeliness of the union's actions, and the overall fairness of the process.

The Fair Work Commission meticulously reviewed the legislative provisions and the procedural steps taken by the union. The Commission concluded that the union had sufficiently complied with the statutory requirements for conducting the protected action ballot. It found that the ballot notice was appropriately drafted and provided to the employees, and that the union's actions were timely and in accordance with the law. The Commission rejected Lactos Pty. Ltd's objections, holding that the proposed ballot met the necessary criteria under the Act. Consequently, the Commission authorised the union to proceed with the ballot.

The Commission's final orders confirmed the authorisation of the protected action ballot, dismissing Lactos Pty. Ltd's objections and upholding the union's right to proceed with the ballot as planned. This decision underscored the importance of adhering to statutory requirements in the context of industrial relations and protected actions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established