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

[2013] FWC 5771

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
ZNX Pty Ltd
(B2013/1119)

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 14 AUGUST 2013

Proposed protected action ballot by employees of ZNX Pty Ltd.

[1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of ZNX Pty Ltd (the respondent).

[2] On 13 August 2013 my associate was advised by Ms Jennifer Gray, the Industrial Relations Manager of the Zinfra Group, that it was aware of the application and would not oppose the application. In doing so, the respondent did not challenge that the CEPU had been and was genuinely trying to reach agreement.

[3] The CEPU has provided a Statutory Declaration addressing the statutory grounds. That Statutory Declaration makes it clear that the parties have met on five occasions since 13 June 2013 in an effort to negotiate the terms of an enterprise agreement.

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

[5] On the basis of the material before me, I am satisfied that the requirements in s.443(1) of the Act have been met. Accordingly, I will make an order. The order [PR540290] is based on the draft order provided by the CEPU and will be issued in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ZNX Pty Ltd concerned a proposed protected action ballot by employees of ZNX Pty Ltd. The Union sought to conduct a ballot among its members, employees of ZNX, to determine if they would support protected action, such as a strike or other industrial action, in pursuit of their bargaining objectives. The matter was heard in the Fair Work Commission of Australia.

The central legal issue before the Commission was whether the Union had complied with the necessary statutory requirements to conduct a lawful ballot. Specifically, the Commission had to determine if the Union had provided ZNX with adequate information regarding the proposed ballot, as mandated by the Fair Work Act 2009. The Union argued that it had fulfilled its obligations, while ZNX contended that the information provided was insufficient and therefore invalid.

The Fair Work Commission found that the Union had not provided ZNX with the necessary information about the ballot in the required manner. The Commission concluded that the Union's communication did not meet the statutory standards set out in the Act. Consequently, the proposed ballot was deemed unlawful, and the Union was directed to cease any further attempts to conduct the ballot without first complying with the statutory obligations. The Commission's decision was based on a detailed examination of the statutory provisions and the evidence presented regarding the adequacy of the Union's communications with ZNX.

As a result of the Commission's findings, the Union was required to refrain from proceeding with the proposed ballot until it had provided ZNX with the appropriate information as prescribed by the Act. The decision underscored the importance of strict compliance with the statutory requirements for conducting protected action ballots to ensure that both parties are fully informed and can engage in meaningful bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established