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

[2022] FWC 2804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

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

Thales Australia Limited

(B2022/1574)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 OCTOBER 2022

Proposed protected action ballot of employees of Thales Australia Limited – Thales Australia Bendigo Enterprise Agreement 2019.

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 Thales Australia Limited (Respondent).

On 18 October 2022, my Associate was advised that the Respondent did not object to 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 declaration of Ms Chelsea 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.

An order has been separately issued in PR746973.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against Thales Australia Limited. The union sought a protected action ballot order concerning certain employees of Thales Australia Limited, in relation to the Thales Australia Bendigo Enterprise Agreement 2019. Thales Australia Limited did not object to the application, leading the Deputy President to determine the matter on the papers without a hearing. The union's application was made under section 437 of the Fair Work Act 2009, which allows for the protection of employees during industrial action.

The legal issues the court needed to decide included whether the union had genuinely attempted to reach an agreement with Thales Australia Limited and if the notification time for the proposed agreement had been met. The union submitted a declaration from Ms Chelsea Hill, affirming that the union had been genuinely trying to reach an agreement with Thales Australia Limited and that a notification time in relation to the proposed agreement existed. The Deputy President was satisfied that the requirements in section 443(1) of the Act had been met.

Based on the information provided, the Deputy President determined the matter in favour of the union, granting the protected action ballot order. The decision was made on the basis of the material before the court, including the union's declaration and the absence of objection from Thales Australia Limited. The Deputy President was satisfied that the union had met the requirements for a protected action ballot order under the Fair Work Act 2009. A separate order was issued in PR746973.

This decision highlights the importance of the union's genuine efforts in reaching an agreement with the employer, as well as the notification time for the proposed agreement. The court's decision in this matter demonstrates the Fair Work Commission's commitment to facilitating fair and effective industrial action processes under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established