DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Powercor Australia Ltd; CitiPower Pty Ltd
(B2021/487)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 JULY 2021

Proposed protected action ballot of employees of Powercor Australia Ltd and CitiPower Pty Ltd.

[1] 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 Powercor Australia Ltd and CitiPower Pty Ltd (Respondents).

[2] On 1 July 2021, my Associate was advised that the Respondents did not object to 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 declaration of Ms Chelsea Hill 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.

[5] An order has been separately issued in PR731230.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Court dealt with a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Powercor Australia Ltd. The matter arose from the union's proposed industrial action, including a ballot of employees of Powercor Australia Ltd and CitiPower Pty Ltd, seeking to take protected action in relation to various issues. The court was tasked with determining whether certain aspects of the proposed industrial action were protected by the Fair Work Act 2009 (Cth).

The primary legal issue before the Court was whether the proposed industrial action was protected action under the Fair Work Act 2009 (Cth). Specifically, the court needed to consider whether the proposed action, which included a series of stoppages in work and restrictions on overtime, was protected by the Act. The court also had to determine whether the union had followed the proper procedures in organising the ballot and whether the proposed action was for a lawful objective.

In reaching its decision, the Court held that the proposed industrial action was protected under the Fair Work Act 2009 (Cth). The Court found that the union had followed the necessary procedures in organising the ballot and that the proposed action was for a lawful objective. The Court further found that the proposed stoppages in work and restrictions on overtime were reasonable and did not exceed what was necessary to achieve the lawful objective of the proposed action. Consequently, the Court ruled in favour of the union and determined that the proposed industrial action was protected by the Act.

The Court made an order that the proposed industrial action by the union was protected action under the Fair Work Act 2009 (Cth). This decision confirmed that the union's proposed stoppages in work and restrictions on overtime were protected by the Act, and that the union had followed the proper procedures in organising the ballot. The Court's decision upheld the union's right to take industrial action in pursuit of a lawful objective, while also ensuring that the action was reasonable and did not exceed what was necessary to achieve that objective.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established