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
Mackay Sugar Limited
(B2015/547)

DEPUTY PRESIDENT ASBURY

BRISBANE, 27 MAY 2015

Proposed protected action ballot of employees of Mackay Sugar Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of Mackay Sugar Limited (the Employer).

[2] On 25 May 2015 my Associate, at my request, wrote to the Employer requesting their view in relation to the application. On the same day the Employer’s representative advised that the Employer objected to the orders being issued in the terms sought. Directions and a notice of listing for a Hearing were issued to deal with the applications and the Employer’s objections.

[3] On 26 May 2015 the Employer’s representative wrote to my Associate to advise that on the basis that the CEPU had amended the order sought, the Employer withdrew its objection to the application being granted.

[4] In the circumstances I have decided to determine the matter on the basis of the material filed as I am satisfied it is no longer necessary to hold a hearing.

[5] The CEPU has filed an Affidavit of Michael Francis Haire in support of the application. Mr Haire is an organiser for the CEPU. On the basis of the information contained in Mr Martin’s Affidavit and the application I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR567783] based on the draft provided by the CEPU will issue at the same time as this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application against Mackay Sugar Limited, seeking authorisation for a proposed protected action ballot of employees. The union argued that the ballot was necessary due to ongoing disputes concerning employment conditions and other workplace issues. The Commission was tasked with determining whether the proposed ballot met the statutory requirements for protected industrial action.

The central legal issue before the Commission was whether the union's proposed ballot complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the ballot was conducted in good faith, was for a lawful purpose, and whether it was necessary to resolve the existing workplace disputes. Additionally, the Commission had to consider whether the proposed ballot adhered to the procedural requirements set out in the Act.

The Commission examined the union's evidence and the submissions from both parties. It found that the union had demonstrated a genuine intention to engage in protected action and that the ballot was necessary to address unresolved workplace issues. The Commission concluded that the union's proposed ballot met the statutory requirements for protected action, including the necessity of the ballot and the adherence to procedural fairness. Consequently, the Commission authorised the union to conduct the ballot as proposed.

The Fair Work Commission authorised the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to conduct the proposed ballot of employees of Mackay Sugar Limited. This authorisation was based on the union's demonstration that the ballot was necessary for a lawful purpose and conducted in good faith. The Commission's decision provided clarity for both parties, allowing the union to proceed with the ballot in accordance with the statutory framework.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Mackay Sugar Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established