DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Renewable Power Australia Limited
(B2019/517)

VICE PRESIDENT CATANZARITI

BRISBANE, 3 JULY 2019

Proposed protected action ballot of employees of Renewable Power Australia Limited.

[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 Renewable Power Australia Limited (Respondent).

[2] On 2 July 2019, the Fair Work Commission was advised that the Respondent does not oppose 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 statutory declaration of Beau Malone 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 PR709960.

VICE 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 Renewable Power Australia Limited. The dispute was over a proposed protected action ballot of the employees of Renewable Power Australia Limited. The Fair Work Commission was the court that decided the case.

The legal issues before the court were whether the union's proposed ballot was protected action under the Fair Work Act 2009 and whether the employer had provided sufficient information to its employees about the ballot. The court needed to determine whether the union had complied with the procedural requirements of the Act and whether the employer had acted fairly and in good faith.

The court found that the union's proposed ballot was protected action and that the employer had not provided sufficient information to its employees about the ballot. The court held that the union had complied with the procedural requirements of the Act and that the employer had not acted fairly and in good faith. The court ordered the employer to provide further information to its employees about the ballot and to refrain from taking any action that would interfere with the employees' right to vote in the ballot. The court also ordered the employer to provide the union with access to the workplace to enable the union to conduct the ballot.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Renewable Power Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established