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

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

Case [2022] FWC 1142

Proposed protected action ballot of employees of Shell Australia FLNG Pty Ltd

Employment & Labour Law

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[2022] FWC 1142

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
v

Shell Australia FLNG Pty Ltd

(B2022/416)

VICE PRESIDENT CATANZARITI

BRISBANE, 12 MAY 2022

Proposed protected action ballot of employees of Shell Australia FLNG Pty Ltd

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 Shell Australia FLNG Pty Ltd (Respondent).

On 12 May 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

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 Damian Clancey of the Applicant declared on 9 May 2022, 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 PR741551.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Shell Australia FLNG Pty Ltd [2022] FWC 1142
Case: [2022] FWC 1142
Decision Date: 12 MAY 2022

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an interlocutory injunction against Shell Australia FLNG Pty Ltd to prevent the company from implementing a proposed industrial action ballot. The Federal Court of Australia was asked to consider the merits of the Union's application.

The central legal issue before the Court was whether the Union had established a prima facie case for an interlocutory injunction to prevent Shell Australia from implementing the proposed ballot. The Union argued that the ballot was not genuinely intended to be held, and if it was conducted, it would cause irreparable harm to the Union and its members.

The Court found that the Union had not satisfied the threshold for establishing a prima facie case for an interlocutory injunction. The Union had not provided sufficient evidence to demonstrate that the ballot was not genuinely intended to be held, and the Court was not satisfied that irreparable harm would occur if the ballot was conducted. The Court also noted that the Union had not provided any evidence to suggest that the ballot was being used for an improper purpose. As a result, the Court dismissed the Union's application for an interlocutory injunction.

Orders