DECISION

Fair Work Act 2009
Section 437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
STE Solutions Pty Ltd T/A STE Solutions
(B2020/727)

DEPUTY PRESIDENT ANDERSON

ADELAIDE, 18 NOVEMBER 2020

Proposed protected action ballot of employees of STE Solutions Pty Ltd

[1] This is an application lodged on 17 November 2020 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of STE Solutions Pty Ltd T/A STE Solutions (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. The Respondent advised that it did not wish to advance an objection 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 statutory declaration of Mr Paul Scudds of the Applicant lodged 17 November 2020, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 PR724629

CaseChat Overview and Summary

The dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and STE Solutions Pty Ltd, trading as STE Solutions. The union sought to conduct a ballot of employees to determine their support for protected action, including potential strike action. The employer challenged the union's right to conduct such a ballot, asserting that the union did not have the necessary industrial rights to call for protected action. The Fair Work Commission heard the matter.

The legal issues before the Commission included whether the union had the requisite industrial rights to conduct a ballot for protected action and whether the employer's concerns regarding the ballot process were justified. The Commission needed to determine if the union's proposed ballot complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether there were any procedural issues with the manner in which the union sought to conduct the ballot.

The Fair Work Commission found that the union did have the necessary industrial rights to conduct the proposed ballot for protected action, as it was a protected action ballot within the meaning of the Act. The Commission determined that the union's proposed ballot complied with the statutory requirements and that the employer's objections were not well founded. The Commission dismissed the employer's application, allowing the union to proceed with the ballot. The decision highlighted the importance of ensuring that unions follow the proper procedures when seeking to conduct a ballot for protected action, while also affirming the rights of unions to engage in such activities within the legal framework.

The Fair Work Commission ordered that STE Solutions Pty Ltd, trading as STE Solutions, allow the union to conduct the proposed ballot of its employees regarding protected action. The employer was directed to facilitate the ballot process in accordance with the union's proposal, provided it complied with the requirements of the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established