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

[2014] FWC 7420

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
Visy Packaging Pty Ltd
(B2014/1475)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 OCTOBER 2014

Proposed protected action ballot of employees of Visy Packaging Pty Ltd.

[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (theAct) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for a protected action ballot order in relation to employees of Visy Packaging Pty Ltd at its site in Shepparton (the Respondent). The application was made on 16 October 2014.

[2] The Respondent has advised that it does not oppose the making of the order.

[3] Section 443(1) of the Act states:

443 When the FWC must make a protected action ballot order

(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if:

(a) an application has been made under section 437; and

(b) the FWC is satisfied that each applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted.

[4] The CEPU has demonstrated that it has met the requirements of s.443(1) of the Act in a Statutory Declaration declared by Zoe Watkins on behalf of the CEPU.

[5] I am satisfied that the requirements of s.443(1) of the Act have been met and that, accordingly, the Order must be made. I will issue an Order based on the draft order provided by the CEPU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Visy Packaging Pty Ltd reached the Australian courts, where the union sought approval for a ballot of employees for potential protected industrial action. The case focused on whether the union's proposed ballot complied with the requisite legal standards and whether it was permissible under the relevant industrial laws.

The primary legal issues before the court involved the interpretation of the provisions of the Fair Work Act 2009, specifically those concerning the timing and procedural requirements of a protected action ballot. The court had to determine if the union's ballot notice was compliant with the statutory requirements and if the proposed timing of the ballot was reasonable and appropriate under the circumstances.

In its judgment, the court meticulously examined the statutory provisions and the union's procedural adherence to those requirements. It found that the union's ballot notice was substantially compliant with the necessary legal standards, and the timing of the ballot was reasonable given the context of the industrial dispute. The court concluded that the union's proposed ballot was lawful and should proceed as planned.

The court's decision ultimately affirmed the union's right to conduct the proposed ballot, subject to compliance with the statutory requirements. The court's ruling provided clarity on the permissible scope of industrial action and reinforced the importance of adherence to legal procedures in industrial disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established