Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Power Serve Pty Ltd

[2014] FWC 3602

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
v
Power Serve Pty Ltd
(B2014/104)

COMMISSIONER RIORDAN

SYDNEY, 29 MAY 2014

Proposed protected action ballot by employees of Power Serve Pty Ltd.

[1] This is 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 (CEPU). It seeks a protected action ballot order in relation to certain employees of Power Serve Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CEPU filed a statement dated 22 May 2014 made by Adam Wardrope, Official of the CEPU NSW Electrical Divisional Branch.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CEPU, that the CEPU has been, and continues to be, genuinely trying to reach an agreement with the Employer.

[5] An order [PR551189] based on the draft order provided by the CEPU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Power Serve Pty Ltd, and Power Serve Pty Ltd. The union sought approval for a proposed protected action ballot to be held among the employees. This action was in response to disputes over employment terms and conditions. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed protected action ballot was reasonable and appropriate in the circumstances. The Commission had to consider the nature and scope of the proposed action, the reasons behind it, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission assessed whether the union's actions were in good faith and whether the proposed ballot was necessary to protect the employees' interests.

The Fair Work Commission found that the proposed protected action ballot was reasonable and appropriate. It considered the nature of the disputes, the union's good faith in seeking to resolve the issues, and the necessity of the proposed action to protect the employees' interests. The Commission was satisfied that the union had provided sufficient information to justify the ballot and that it was an appropriate means of achieving a resolution. Consequently, the Commission approved the ballot.

The Fair Work Commission authorised the union to conduct the proposed protected action ballot among the employees of Power Serve Pty Ltd. The Commission's decision was based on the union's demonstration of good faith, the necessity of the proposed action, and the reasonableness of the ballot in the context of the employment disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established