Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v v/Line Maintenance Pty Limited Summary

[2022] FWC 1231

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

V/Line Maintenance Pty Limited

(B2022/451)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 MAY 2022

Proposed protected action ballot of employees of V/Line Maintenance Pty Limited.

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 V/Line Maintenance Pty Limited (the Respondent).

On 19 May 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 PR741778.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for a protected action ballot order in relation to certain employees of V/Line Maintenance Pty Limited (the Respondent). The matter was heard and determined on the papers without a hearing as the Respondent did not object to the application. The dispute revolves around the Applicant’s request for a ballot to be conducted among its members, who are employees of the Respondent, to authorise protected action. The Applicant argues that it has been genuinely attempting to reach an agreement with the Respondent, but has been unable to do so, thus necessitating the ballot.

The legal issues before the Commission were whether the notification time for the proposed agreement had been met and if the requirements under section 443(1) of the Fair Work Act 2009 had been satisfied. The Commission assessed the declaration provided by Ms Chelsea Hill of the Applicant, which detailed the steps taken in the bargaining process and the Applicant's efforts to reach an agreement with the Respondent. Based on the information available, the Deputy President was satisfied that the notification period had been observed and that the conditions for the ballot were met. This conclusion was reached without the necessity of a hearing due to the Respondent's lack of objection.

The Commission issued an order in accordance with the application, permitting the protected action ballot to proceed. The order was issued under the authority of the Commonwealth Government Printer and is documented as PR741778. The decision affirms the Applicant's right to conduct the ballot as it has met the necessary criteria under the Act, ensuring that the employees' interests are protected during the bargaining process.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v v/Line Maintenance Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established