DECISION

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union
v
Combined Fire Systems Pty Ltd
(B2021/1010)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 20 OCTOBER 2021

Proposed protected action ballot of employees of Combined Fire Systems Pty Ltd.

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

[2] On 20 October 2021, 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 Erin Hennessy 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 PR735081.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, acting on behalf of its members employed by Combined Fire Systems Pty Ltd, and the employer itself. The union sought approval for a ballot of its members regarding protected industrial action, which the employer opposed. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the union had correctly identified the appropriate bargaining agent, whether the ballot notice complied with the relevant provisions of the Fair Work Act 2009, and whether the proposed action was in response to an "industrial dispute" as defined by the Act. Furthermore, the court needed to determine whether the proposed action was related to the employees' conditions of employment or was instead based on extraneous factors.

The court found that the union had correctly identified the employer as the bargaining agent. It was also satisfied that the ballot notice met the statutory requirements under the Fair Work Act, as it contained the necessary particulars and was delivered within the prescribed timeframe. The court determined that the proposed action was indeed related to an industrial dispute, as the union's members were seeking to improve their conditions of employment. Consequently, the court approved the union's application for a ballot of its members regarding the proposed protected action. The employer's application for an injunction to prevent the ballot was dismissed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Combined Fire Systems 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