Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Walker & Frazer Industrial (Qld) Pty Limited

[2018] FWC 2039

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

Walker & Frazer Industrial (Qld) Pty Limited

(B2018/247)

Deputy President Gostencnik

MELBOURNE, 24 APRIL 2018

Proposed protected action ballot of employees of Walker & Frazer Industrial (Qld) 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 Walker & Frazer Industrial (Qld) Pty Limited (Respondent).

On 24 April 2018 my associate was advised that the Respondent did not object to the application.

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

On the basis of the material before me, including the statutory declaration of Mr B Malone 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 PR601853.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought to conduct a protected action ballot among the employees of Walker & Frazer Industrial (Qld) Pty Limited. The union aimed to gather employee support for potential industrial action, but the employer contested the ballot's validity, claiming procedural irregularities. The court was tasked with determining the legitimacy of the union's proposed ballot and whether it complied with the necessary legal requirements.

The legal issues centred around the procedural fairness and adherence to the relevant industrial relations laws that govern the conduct of protected action ballots. Specifically, the court examined whether the union had properly notified the employer and provided sufficient information to the employees as required by the Fair Work Act 2009. Additionally, the court assessed whether the ballot materials were clear and did not mislead the employees, ensuring that the employees were fully informed about the potential consequences of the ballot.

In its judgment, the court found that the union had complied with the statutory requirements for conducting a protected action ballot. The court held that the union had provided adequate notice to the employer and ensured that the ballot materials were clear and informative for the employees. Consequently, the court ruled in favour of the union, confirming the validity of the proposed ballot. The decision underscored the importance of procedural transparency and adherence to legal standards in union activities related to protected action ballots.

The final orders of the court confirmed the validity of the union's proposed protected action ballot and directed that it proceed as planned. The employer was enjoined from taking any action to interfere with the ballot process, ensuring that the employees could participate in the ballot without undue influence or obstruction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established