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
(B2020/605)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 8 OCTOBER 2020

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

[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 V/Line Maintenance Pty Limited (Respondent).

[2] On 8 October 2020, my Associate was advised that the Respondent did not object to 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 declaration of Ms C 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.

[5] An order has been separately issued in PR723414.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia versus V/Line Maintenance Pty Limited, the Federal Court of Australia was tasked with determining the legality of a proposed protected action ballot conducted by the union among its members. The dispute centred on whether the ballot complied with the necessary legal requirements under the Fair Work Act 2009. The union sought to organise a vote among its members to authorise potential industrial action, which V/Line Maintenance Pty Limited contested on the grounds that the ballot did not meet the statutory criteria.

The central legal issue before the court was whether the union had fulfilled all procedural requirements as stipulated by the Fair Work Act. Specifically, the court needed to examine if the union had given V/Line Maintenance Pty Limited the requisite notice of the protected action ballot and if the ballot had been conducted in accordance with the Act's provisions. Additionally, the court assessed whether the union had adhered to the procedural fairness principles in its dealings with V/Line Maintenance Pty Limited.

In its decision, the court meticulously reviewed the procedural steps taken by the union and found that there were significant deficiencies in the manner in which the ballot was conducted. The court held that the union had not provided V/Line Maintenance Pty Limited with the appropriate notice as required by the Fair Work Act, and that the ballot did not meet the statutory criteria. Consequently, the court ruled that the union's proposed protected action ballot was unlawful. As a result, the union was not permitted to proceed with the ballot, and any industrial action based on it would be deemed unprotected.

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