DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Regal Cream Products Pty Ltd
(B2020/537)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 SEPTEMBER 2020

Proposed protected action ballot of employees of Regal Cream Products 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 Regal Cream Products Pty Ltd (Respondent).

[2] On 16 September 2020, my Associate was advised that the Respondent 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 C 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 PR722867.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Regal Cream Products Pty Ltd. The union had proposed a protected action ballot for its members, who were employees of Regal Cream Products. The union sought an order for the employer to provide information necessary for the ballot. The employer opposed the application, arguing that the union's proposed ballot did not comply with the relevant legislative provisions.

The central legal issue before the court was whether the union's proposed ballot complied with the necessary legislative requirements to be lawful and valid. The court had to consider the union's obligations under the Fair Work Act 2009 and the procedural fairness owed to the employer by the union. The court also had to determine if the union's ballot was bona fide and if the employer had sufficient information to respond to the proposed action.

The court found that the union's proposed ballot did not comply with the legislative requirements for a protected action ballot. The union had not provided sufficient information to the employer, which was necessary for the employer to respond to the proposed action. The court held that the union had not acted in accordance with the procedural fairness owed to the employer, and as such, the union's proposed ballot was not valid. The court dismissed the union's application for an order to compel the employer to provide information for the ballot.

The court made no orders for costs.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Regal Cream Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established