Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v UGL Resources Pty Ltd Summary

[2013] FWC 1164

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
UGL Resources Pty Ltd
(B2013/644)

COMMISSIONER SIMPSON

BRISBANE, 19 FEBRUARY 2013

Proposed protected action ballot by employees of UGL Resources Pty Ltd.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The CEPU seeks a protected action ballot order in relation to certain employees of UGL Resources Pty Ltd.

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements in ss 443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order, PR534258, based on the draft provided by the CEPU will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a declaration that it was entitled to conduct a protected action ballot of employees of UGL Resources Pty Ltd. The matter was heard in the Federal Court of Australia. The union sought to hold a ballot to gauge employee support for potential industrial action due to ongoing disputes over enterprise agreements. UGL Resources Pty Ltd opposed the ballot on various grounds, including the assertion that the union did not have the necessary support of a majority of eligible employees.

The legal issues before the court were whether the union had the requisite majority of eligible employees' support to conduct the ballot, and whether the union had complied with the procedural requirements under the Fair Work Act 2009. The union argued that it had the necessary majority support, while UGL Resources contended that the union did not meet the statutory requirements. The court needed to determine the interpretation of the relevant provisions of the Fair Work Act and apply it to the specific facts of the case.

The court examined the evidence and found that the union did not have the majority support of eligible employees required by the Fair Work Act. The court further held that the union had not complied with the procedural requirements for conducting a protected action ballot. As a result, the court found in favour of UGL Resources and dismissed the union's application. The union's application for a declaration that it was entitled to conduct the ballot was denied, and the court held that the union had not satisfied the statutory conditions for proceeding with the ballot.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established