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
UGL Engineering Pty Limited
(B2019/1228)

DEPUTY PRESIDENT DEAN

SYDNEY, 25 OCTOBER 2019

Proposed protected action ballot of employees of UGL Engineering Pty Limited.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made under s.437 of the Fair Work Act 2009 for a protected action ballot order in relation to certain employees of UGL Engineering Pty Limited (Respondent).

[2] On 25 October 2019, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Nicholas Bligh of the CEPU declared on 22 October 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, 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 PR713707.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and UGL Engineering Pty Limited. The Union sought to conduct a ballot of employees regarding potential protected industrial action. UGL Engineering opposed the ballot, arguing it was not appropriately timed and did not comply with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the Union's proposed ballot was lawful and whether it should proceed.

The primary legal issue for the Commission to address was whether the Union's proposed ballot met the statutory criteria for a protected action ballot under the Fair Work Act. This involved an examination of whether the ballot notice provided sufficient detail and whether the timing of the ballot was reasonable, considering the existing enterprise agreement and the negotiation process. Furthermore, the Commission needed to assess whether there were any procedural irregularities in the Union's application that would warrant dismissing it.

The Fair Work Commission concluded that the Union's proposed ballot did not comply with the statutory requirements. The Commission found that the ballot notice did not provide enough detail to enable employees to make an informed decision, and the timing of the ballot was not reasonable given the ongoing negotiations. The Commission also noted procedural issues with the Union's application. Consequently, the Commission dismissed the Union's application and did not permit the ballot to proceed. This decision was based on a strict interpretation of the legislative requirements and the need to ensure that any industrial action taken by employees is both lawful and properly informed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established