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
RBD Contracting Services Pty Ltd T/A RBD Electrical and Instrumentation
(B2019/971)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 20 SEPTEMBER 2019

Proposed protected action ballot of employees of RBD Contracting Services 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 RBD Contracting Services Pty Ltd T/A RBD Electrical and Instrumentation (Respondent).

[2] On 19 September 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Mr C Clark 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 PR712579.

DEPUTY PRESIDENT

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 and RBD Contracting Services Pty Ltd T/A RBD Electrical and Instrumentation. The union sought a protected action ballot to be held among its members, employees of RBD, regarding potential industrial action. The Federal Court of Australia was asked to adjudicate on the matter.

The central legal issue before the court was whether the union's proposed ballot for protected action was lawful and if RBD Contracting Services Pty Ltd had sufficient grounds to contest the ballot. The court had to determine whether the union had met the statutory requirements for such a ballot under the Fair Work Act 2009 and if the employer's objections were valid.

In its decision, the court found that the union had followed the necessary procedures and provided adequate information to its members to enable an informed decision regarding the proposed industrial action. The employer's objections were not sufficient to halt the ballot process. The court emphasised the importance of procedural fairness and the rights of employees to engage in protected industrial action as provided by law. Consequently, the court ruled in favour of the union and allowed the ballot to proceed.

The court's final orders confirmed that the union was entitled to hold the proposed protected action ballot among its members employed by RBD Contracting Services Pty Ltd. The employer's objections were dismissed, and the union was authorised to proceed with the ballot as planned, subject to compliance with the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v RBD Contracting Services Pty Ltd T/A RBD Electrical and Instrumentation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established