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

Case [2022] FWC 3017


[2022] FWC 3017

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

Thales Australia Limited

(B2022/1698)

VICE PRESIDENT CATANZARITI

SYDNEY, 15 NOVEMBER 2022

Proposed protected action ballot of employees of Thales 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 (Cth) (Act) for a protected action ballot order in relation to certain employees of Thales Australia Limited (Respondent).

  1. On 14 November 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

  1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

  1. On the basis of the material before me, including the statutory declaration of Tara Koot of the Applicant declared on 10 November 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.

  1. An Order has been separately issued in PR747916.


VICE PRESIDENT
Printed by authority of the Commonwealth Government Printer

<PR747917>

Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Thales Australia Limited [2022] FWC 3017
Case
[2022] FWC 3017
Decision Date

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for an order allowing a protected action ballot of certain employees of Thales Australia Limited. The application was made under section 437 of the Fair Work Act 2009. Thales Australia Limited did not oppose the application, and the matter was decided on the papers without a hearing.

The legal issues that the Commission had to decide included whether the union had genuinely been trying to reach an agreement with Thales Australia Limited and whether the notification time for the proposed agreement had been met. The union had to show that it had engaged in good faith bargaining with Thales Australia Limited and that it had taken steps to reach an agreement.

The Fair Work Commission was satisfied that the union had genuinely been trying to reach an agreement with Thales Australia Limited and that the notification time for the proposed agreement had been met. The Commission issued an order allowing the union to conduct a protected action ballot of the employees. The Commission based its decision on the statutory declaration of Tara Koot of the union, which set out the steps taken by the union in bargaining with Thales Australia Limited.

The Fair Work Commission issued an order allowing the union to conduct a protected action ballot of the employees of Thales Australia Limited. The order was issued separately in PR747916. The Commission's decision was based on the material before it, including the statutory declaration of Tara Koot of the union, which set out the steps taken by the union in bargaining with Thales Australia Limited.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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