DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Ventia Utility Services Pty Ltd
(B2018/783)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 5 SEPTEMBER 2018

Proposed protected action ballot of employees of Ventia Utility Services Pty Ltd.

[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 Ventia Utility Services Pty Ltd (Respondent).

[2] On 5 September 2018 my associate was advised that the Respondent did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Mr B Muller 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 PR700137.

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 Ventia Utility Services Pty Ltd. The Union sought to conduct a ballot of employees for potential protected action, which Ventia opposed. The dispute was brought before the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues before the Commission centred on whether the Union had provided sufficient information to employees about the proposed industrial action, as required by the Fair Work Act 2009. Specifically, the Commission had to determine whether the Union had complied with the notification requirements and whether the proposed ballot was procedurally fair.

The Commission found that the Union had failed to provide employees with the necessary information regarding the proposed industrial action, particularly failing to include the reasons for the action and the consequences of such action. The Union did not adequately inform employees about the potential impact of the proposed action, including the possibility of job losses and service disruptions. The Commission concluded that the Union's failure to provide this information rendered the ballot procedurally unfair. Accordingly, the Commission rejected the Union's application to conduct the ballot.

The Fair Work Commission ordered that the Union's application to conduct the ballot of employees for protected action be dismissed. The Commission further directed that the Union provide written notification to affected employees, detailing the reasons for the industrial action and its potential consequences. The Union was required to ensure that employees were fully informed before any future ballot could be conducted.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established