DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
OneSteel Wire Pty Limited
(B2015/378)

COMMISSIONER RYAN

MELBOURNE, 23 MARCH 2015

Proposed protected action ballot of employees of OneSteel Wire Pty Limited.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to employees of OneSteel Wire Pty Ltd at (the Respondent). The application was made on 20 March 2015.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and
(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CEPU has demonstrated that it has met the requirements of s.443(1) of the Act in a Statutory Declaration declared by Emma Barnes on behalf of the CEPU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the CEPU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus OneSteel Wire Pty Limited was heard in the Fair Work Commission. The dispute involved a proposed industrial action ballot among employees of OneSteel Wire Pty Limited. The Union sought authorisation to conduct a protected action ballot among its members, which OneSteel Wire Pty Limited opposed.

The primary legal issue before the Commission was whether the Union had complied with the necessary statutory requirements to hold a lawful protected action ballot. This involved scrutiny of the ballot's purpose, content, and the manner in which it was to be conducted. Additionally, the Commission had to determine whether the proposed ballot would be in accordance with the Fair Work Act 2009.

In its decision, the Commission examined the statutory provisions governing protected action ballots and found that the Union had adhered to the necessary requirements. The Commission noted that the ballot was intended to ascertain the members' views on potential industrial action and that the proposed ballot notice met the statutory criteria. The Commission concluded that the ballot was lawful and would not unfairly prejudice the employer's operations. Consequently, the Union was authorised to proceed with the ballot.

The Fair Work Commission authorised the Union to conduct the proposed protected action ballot, ruling that it complied with the statutory requirements and would not unfairly prejudice the employer's operations. The Commission's decision allowed the Union to proceed with its industrial action ballot, subject to the statutory conditions.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v OneSteel Wire Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established