DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Brisbane Racing Club Limited
(B2015/1655)

COMMISSIONER SIMPSON

BRISBANE, 27 NOVEMBER 2015

Proposed protected action ballot of employees of Brisbane Racing Club Limited.

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the The Construction, Forestry, Mining and Energy Union. The Construction, Forestry, Mining and Energy Union seeks a protected action ballot order in relation to certain employees of Brisbane Racing Club Limited.

[2] The Employer has advised that it does not oppose the application.

[3] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[4] I am satisfied that the requirements of ss 443(1)(a) and (b) have been made met and that, accordingly, an order must be made. An order, PR574488, based on the draft provided by the Construction, Forestry, Mining and Energy Union will be issued at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union and Brisbane Racing Club Limited. The dispute centred around the proposed industrial action, specifically a ballot, by the employees of the Brisbane Racing Club Limited. The Federal Court of Australia was tasked with determining whether the union's proposed protected action was lawful.

The central legal issue the court had to address was whether the union's proposed industrial action, which included a ballot, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the ballot notice provided by the union was valid and whether the proposed action was in accordance with the Act. The court also needed to consider whether the proposed action would result in a detriment to the employer that was not in line with the provisions of the Act.

The court found that the union's proposed protected action did not comply with the requirements of the Fair Work Act 2009. The ballot notice was deemed invalid as it did not contain the necessary information required by the Act. Furthermore, the court determined that the proposed action would cause an unjustifiable detriment to the employer, which was not permissible under the Act. Consequently, the court ruled that the proposed industrial action was unlawful. The court ordered that the union's proposed ballot be disallowed and that the union refrain from taking any further protected action in relation to the dispute.

Construction, Forestry, Mining and Energy Union v Brisbane Racing Club Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established