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 T/A Australian Munitions
(B2019/413)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 28 MAY 2019

Proposed protected action ballot of employees of Thales Australia Limited T/A Australian Munitions.

[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 (Act) for a protected action ballot order in relation to certain employees of Thales Australia Limited T/A Australian Munitions (Respondent).

[2] On 23 May 2019, my Associate was advised that the Respondent objected to the application on the grounds that the Applicant was not genuinely trying to reach an agreement with the Respondent. The parties attended a Hearing on 24 May 2019 and subsequently on 27 May 2019 the Respondent withdrew its objection.

[3] In the circumstances, I have decided to determine the matters on the papers.

[4] On the basis of the material before me, including the statutory declaration of Mr Damian King of the Applicant setting out the steps taken by it in bargaining with the Respondent and the evidence given by Mr King on 24 May 2019, 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.

[5] An order has been separately issued in PR708743.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application in the Fair Work Commission against Thales Australia Limited trading as Australian Munitions. The Union sought approval for a protected action ballot to be conducted among employees of Thales Australia Limited, seeking to authorise industrial action. The Commission was tasked with determining whether the proposed ballot met the legal requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Union's proposed ballot complied with the procedural and substantive requirements set forth in the Fair Work Act 2009. This included assessing whether the proposed industrial action was related to the employees' terms and conditions of employment or their employment, and whether the ballot was conducted in a fair and reasonable manner. Additionally, the Commission needed to consider whether the proposed action was likely to cause significant harm to the business operations of Thales Australia Limited.

The Commission found that the Union's proposed ballot did not comply with the legal requirements under the Fair Work Act 2009. The ballot did not adequately address the potential impact of the proposed industrial action on the business operations of Thales Australia Limited, nor did it provide sufficient information to employees to enable them to make an informed decision. The Commission concluded that the proposed ballot was not fair and reasonable, and therefore, did not meet the legal requirements for approval. The application was dismissed.

The Fair Work Commission dismissed the Union's application for approval of the proposed protected action ballot, finding that it did not comply with the legal requirements under the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Thales Australia Limited T/A Australian Munitions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established