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

[2022] FWC 2800

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

Thales Australia Limited

(B2022/1573)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 18 OCTOBER 2022

Proposed protected action ballot of employees of Thales Australia Limited – Thales Australia Limited Trading AS Australian Munitions Benalla and Mulwala Enterprise Agreement 2018- 2022.

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 PR746964.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought an order for a protected action ballot for certain employees of Thales Australia Limited. This application was made under section 437 of the Fair Work Act 2009, which pertains to the process for holding a ballot for protected industrial action. The union alleged that it had been engaged in good faith negotiations with Thales Australia Limited regarding the Australian Munitions Benalla and Mulwala Enterprise Agreement 2018-2022 but had been unable to reach an agreement. Thales did not object to the union's application, leading the Deputy President to determine the matter on the papers without the need for a hearing.

The primary legal issues that the court needed to address were whether the union had followed the necessary procedures in attempting to reach an agreement with Thales Australia Limited and whether the statutory requirements for holding a protected action ballot had been met. Specifically, the court had to consider whether the union had genuinely tried to negotiate in good faith and if the notification period specified in the Fair Work Act had been adhered to. The union's declaration, which outlined the steps taken during the bargaining process, was central to the court's evaluation.

Upon reviewing the material provided, including the union's declaration, the Deputy President concluded that the union had indeed been genuinely trying to reach an agreement with Thales Australia Limited. The court found that all the necessary procedural steps had been followed, and the notification period had been observed as required by section 443(1) of the Act. Consequently, the Deputy President was satisfied that the union had met the statutory requirements to hold a protected action ballot. An order was subsequently issued in PR746964 to facilitate this process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established