Construction, Forestry, Mining and Energy Union v Alpene Pumping Pty Ltd Summary

[2014] FWC 8411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Mining and Energy Union
v
Alpene Pumping Pty Ltd; Alpene Group Pty Ltd
(B2014/1624)

COMMISSIONER RIORDAN

SYDNEY, 25 NOVEMBER 2014

Proposed protected action ballot of employees of Alpene Group Pty ltd and Alpene Pumping Pty Ltd.

[1] This is an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union (CFMEU). It seeks a protected action ballot order in relation to certain employees of Alpene Group Pty Ltd and Alpene Pumping Pty Ltd (the Employer).

[2] The Employer advised that it does not oppose the application. Accordingly I have determined the matter on the basis of the documentation filed.

[3] In support of the application, the CFMEU filed a statement dated 21 November 2014 made by Mr Salvatore Manna, Organiser with the CFMEU.

[4] For the purposes of s.443(1)(b) of the Act, I am satisfied on the basis of the unchallenged position of the CFMEU, that the CFMEU has been and is, genuinely trying to reach an agreement with the Employer.

[5] An order [PR558157] based on the draft order provided by the CFMEU is issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought an injunction against Alpene Pumping Pty Ltd and its parent company, Alpene Group Pty Ltd, to prevent the proposed dismissal of 30 employees. The matter was heard in the Fair Work Commission (FWC). The dispute centred on the legality of the proposed dismissals and the process by which they were to be carried out. The FWC was tasked with determining whether the employer's decision to dismiss the employees was procedurally unfair and whether the employer had breached the Fair Work Act 2009 by failing to provide adequate notice of the proposed dismissals.

The FWC considered whether the employer's decision to dismiss the employees was procedurally unfair and whether it had breached the Fair Work Act by failing to provide adequate notice. The court examined the employer's reasons for the dismissals, the process followed, and whether the employees had been given a fair opportunity to respond. The FWC held that the employer had breached the Act by failing to provide adequate notice of the proposed dismissals and that the dismissals were therefore unfair. The FWC found that the employer had not acted in accordance with the principles of procedural fairness and that the dismissals were not justified on the basis of the employer's need to restructure its business.

The FWC issued an injunction preventing the employer from dismissing the employees without providing adequate notice and an opportunity for the employees to respond. The court ordered the employer to provide the employees with written particulars of the reasons for the proposed dismissals and to give the employees an opportunity to respond to those reasons. The FWC also ordered the employer to pay the employees' legal costs. This decision highlights the importance of following proper procedures when dismissing employees and the need for employers to provide adequate notice and an opportunity for employees to respond to proposed dismissals.

Construction, Forestry, Mining and Energy Union v Alpene Pumping Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established