DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
National Fire Solutions Pty Ltd
(B2019/339)

DEPUTY PRESIDENT DEAN

SYDNEY, 24 APRIL 2019

Proposed protected action ballot of employees of National Fire Solutions Pty Ltd.

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

[2] On 24 April 2019, the Fair Work 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 statutory declaration of Mick Koppie of the CEPU declared on 24 April 2019, 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 PR707328.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was called upon to review a proposed industrial action ballot by employees of National Fire Solutions Pty Ltd, as claimed by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The union sought to conduct a ballot to determine whether the employees would support protected action in pursuit of their enterprise agreement negotiations. National Fire Solutions Pty Ltd opposed the ballot, arguing that it was not in compliance with the relevant industrial relations laws and was therefore invalid.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically the provisions that govern protected industrial action. The Commission needed to determine whether the proposed ballot met the statutory requirements for a protected action ballot, including the necessity to provide the employer with the necessary information and opportunity to respond to the ballot. The primary focus was on whether the union had complied with the procedural prerequisites before the ballot could be lawfully conducted.

The Commission examined the procedural steps taken by the union and concluded that the union had indeed fulfilled the necessary requirements. The union had provided the employer with adequate notice and information about the proposed ballot, allowing the employer to respond. Consequently, the Commission ruled in favour of the union, upholding the validity of the proposed ballot. The Commission found that the union's actions were in accordance with the Fair Work Act, and there were no grounds to invalidate the proposed ballot of employees.

In its decision, the Commission confirmed that the proposed ballot could proceed as planned. The Commission's ruling ensured that the employees of National Fire Solutions Pty Ltd could exercise their rights to engage in protected industrial action, provided that the necessary legal procedures were followed. This case highlights the importance of adhering to the statutory requirements when conducting a ballot for protected action, and the role of the Commission in upholding these requirements.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v National Fire Solutions 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