DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Laminex Group Pty Ltd
(B2021/544)

DEPUTY PRESIDENT DEAN

CANBERRA, 16 JULY 2021

Proposed protected action ballot of employees of Laminex Group Pty Ltd.

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

[2] On 16 July 2021, the Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the declaration of Daniel Bessell of the ETU made on 15 July 2021, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR731784.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an injunction against Laminex Group Pty Ltd to prevent the company from proceeding with a proposed ballot of its employees concerning protected industrial action. The Union argued that the ballot was invalid as it did not provide sufficient information to the employees about the nature of the proposed industrial action. The matter was heard in the Federal Court of Australia.

The legal issues before the court involved the interpretation of relevant provisions in the Fair Work Act 2009. The Union contended that the ballot notice was deficient because it did not explicitly state the nature of the proposed industrial action. They argued that this omission rendered the ballot invalid, as employees needed to be fully informed to make an informed decision. Conversely, Laminex Group Pty Ltd maintained that the ballot notice was adequate and that the Union's concerns were unfounded.

The court found in favour of the Union. It held that the ballot notice was indeed deficient as it failed to provide the employees with sufficient information regarding the nature of the proposed industrial action. The court emphasised the importance of transparency and clarity in such communications to ensure that employees could make informed decisions. Consequently, the court granted the injunction sought by the Union, preventing Laminex Group Pty Ltd from proceeding with the ballot as it stood. The court's decision underscored the necessity for detailed and explicit information in protected action ballot notices to uphold the rights and protections afforded to employees under the Fair Work Act.

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