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

[2018] FWC 2077

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

Note Printing Australia Limited

(B2018/257)

Deputy President Gostencnik

MELBOURNE, 11 APRIL 2018

Proposed protected action ballot of employees of Note Printing Australia Limited.

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 Note Printing Australia Limited (Respondent).

On 11 April 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 A Douglas 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 PR601914.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in question arose in the Fair Work Commission and involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Note Printing Australia Limited. The union sought to conduct a protected action ballot among its members at the company, intending to take industrial action in the form of a strike. Note Printing Australia Limited opposed the ballot, arguing that the proposed industrial action was unprotected and unlawful. The commission was tasked with determining the validity and protection of the proposed industrial action.

The central legal issue before the commission was whether the proposed industrial action, as outlined in the union's ballot, was protected under the Fair Work Act 2009. This involved assessing whether the action complied with the specific requirements and processes outlined in the legislation, including whether the union had followed the appropriate procedures in notifying the employer and the commission of its intent to take industrial action. The commission also considered whether the proposed action was related to a "workplace dispute" within the meaning of the act, and whether it was reasonable and necessary for the union to take such action.

In reaching its decision, the commission carefully examined the procedural steps taken by the union in proposing the industrial action. It considered the union's adherence to the notification requirements stipulated by the Fair Work Act. Additionally, the commission evaluated the nature of the proposed industrial action and its connection to the workplace dispute. Ultimately, the commission found that the union had not adequately complied with the procedural requirements for a protected action ballot, and that the proposed industrial action was therefore unprotected. Consequently, the commission disallowed the ballot and ruled that the proposed industrial action was unlawful.

The commission's final order was that the proposed protected action ballot by the union was not to proceed, as it did not comply with the legal requirements for a protected industrial action under the Fair Work Act. The commission's decision was binding on both the union and the employer, effectively preventing the proposed strike from going ahead.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established