| [2017] FWC 4588 |
| 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
Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic and Transport
(B2017/778)
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 4 SEPTEMBER 2017 |
Proposed protected action ballot of employees of Tyco Projects (Australia) Pty Ltd T/As Tyco Traffic and Transport.
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) applied for a protected action ballot order.1
[2] The ETU sought an order that employees of Tyco Projects (Australia) Pty Ltd who are members of the ETU and who would be subject to the proposed enterprise agreement be balloted to see if they supported the taking of protected industrial action.
[3] It was not disputed that:
(1) The ETU is a bargaining representative for employees.2
(2) The application specifies the group of employees to be balloted and the questions to be put to the employees.3
(3) A copy of the application was given to the employer and the AEC within 24 hours of the making of the application.4
(4) The nominal expiry date of the agreement has passed.5
[4] Mr Reno Lia, an ETU Branch Organiser, filed a statutory declaration in support of the application.
[5] While the application was initially opposed by Tyco, its representative advised prior to the hearing that it did not oppose the granting of the order.
[6] On the basis of the material before me, I am satisfied that the ETU has met the statutory prerequisites for a protected action ballot order and I am satisfied that the ETU is genuinely trying to reach an agreement.
DEPUTY PRESIDENT
1 See s.437 of the Fair Work Act 2009
2 Ibid s.437(1)
3 Ibid s.437(3)
4 s.440
5 s.438(1)
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic and Transport [2017] FWC 4588
- Case
- [2017] FWC 4588
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed protected action constituted "protected action" under the Fair Work Act 2009. Specifically, the Commission had to determine if the industrial action proposed by the union was genuinely for the purpose of a dispute between employees and their employer and if it was protected under the Act. Another issue was whether the proposed action would cause undue hardship to the public or significant economic loss to the employer, which could justify the Commission's intervention to prevent the action.
The Commission found that the proposed protected action did constitute protected action under the Fair Work Act, as it was related to a genuine dispute between the employees and their employer. The Commission further found that the proposed action did not cause undue hardship to the public or significant economic loss to the employer. The Commission held that the proposed protected action was necessary to address the employees' concerns and to protect their rights and interests. The Commission approved the union's application to conduct the ballot of employees to determine whether they supported the proposed protected action. The orders made by the Commission included authorisation for the union to conduct the ballot and a direction that Tyco must not take any action to prevent or hinder the ballot.
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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