Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail Summary

[2023] FWC 1127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

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

Queensland Rail

(B2023/429)

VICE PRESIDENT CATANZARITI

SYDNEY, 11 MAY 2023

Proposed protected action ballot of employees of Queensland Rail

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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Queensland Rail (Respondent).

On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however the parties were able to reach a consent position.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Peter Jason Young of the Applicant declared on 8 May 2023, 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 PR761841.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission recently addressed an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for a protected action ballot order concerning employees of Queensland Rail (the Employer). The Union sought to conduct a protected action ballot under section 437 of the Fair Work Act 2009 to resolve ongoing industrial disputes. Although the Employer initially objected to the application, the parties reached a mutual agreement, leading the Commission to determine the matter without a formal hearing. The Vice President of the Fair Work Commission, Catanzariti, issued the decision on 11 May 2023.

The central legal issue in this case was whether the Union had satisfied the statutory requirements to conduct a protected action ballot. Specifically, the Commission needed to assess whether the Union had genuinely attempted to negotiate with the Employer and if a notification period for the proposed agreement had been appropriately observed. These inquiries were crucial under section 443(1) of the Fair Work Act, which outlines the conditions for protected action ballots. The evidence submitted, including a statutory declaration from Peter Jason Young of the Union, played a pivotal role in the Commission’s evaluation.

Upon reviewing the materials presented, the Vice President was satisfied that the Union had indeed engaged in good faith negotiations with the Employer and that the statutory notification period for the proposed agreement had been met. Consequently, the Vice President determined that the Union had fulfilled the necessary prerequisites to proceed with the ballot. This decision underscores the importance of adhering to the procedural requirements outlined in the Fair Work Act when seeking to undertake protected industrial action.

As a result of this decision, the Fair Work Commission issued an order permitting the Union to conduct the protected action ballot. This outcome reflects the Commission’s commitment to ensuring that all parties involved in industrial disputes comply with the legislative framework designed to facilitate fair and lawful industrial practices.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established