DECISION

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

Construction, Forestry, Mining and Energy Union
v
Crown Melbourne Limited
(B2015/1246)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 2 SEPTEMBER 2015

Proposed protected action ballot of employees of Crown Melbourne Limited.

[1] This is an application by the Construction, Forestry, Mining and Energy Union (the Applicant) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Crown Melbourne Limited (the Respondent).

[2] On 2 September 2015 my associate was advised that the Respondent Company did not object to the application.

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

[4] On the basis of the material before me, including the statutory declaration of Ms A Swayn of the Applicant setting out the steps taken by it in bargaining with the Respondent Company and that it has been, and is, genuinely trying to reach agreement with the Respondent Company, I am satisfied that the requirements in s.443(1) of the Act have been met.

[5] An order has been issued separately in PR571460.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union initiated proceedings against Crown Melbourne Limited in the Fair Work Commission, contesting the company's decision to conduct a protected action ballot among its employees. The union argued that the ballot process was not properly conducted, and thus, the ballot was invalid. The dispute centred on the procedural fairness and the legal requirements for a protected action ballot under the Fair Work Act 2009.

The central legal issues before the Commission were whether Crown Melbourne complied with the statutory requirements for a valid ballot of employees regarding protected industrial action, and whether the process was conducted in a manner that was fair and reasonable. The Commission had to consider the specific provisions of the Fair Work Act that govern the conduct of ballots for protected action and assess whether Crown Melbourne adhered to these provisions. Key aspects included the adequacy of the information provided to employees, the manner in which the ballot was conducted, and whether there was sufficient opportunity for employees to participate in the ballot process.

The Fair Work Commission found that Crown Melbourne had not complied with the statutory requirements for conducting a valid ballot. The Commission determined that the information provided to employees was inadequate and did not sufficiently inform them of the implications of the proposed industrial action. Additionally, the process was not conducted in a fair and reasonable manner, as it did not provide employees with an adequate opportunity to participate. As a result, the Commission ruled that the ballot was invalid, and Crown Melbourne was required to take corrective action to ensure compliance with the Fair Work Act.

The Fair Work Commission invalidated the proposed protected action ballot and ordered Crown Melbourne to take steps to remedy the procedural deficiencies. The company was required to provide adequate information to employees, ensure a fair and reasonable process for any future ballots, and comply with all statutory requirements for conducting such ballots. The decision underscored the importance of adherence to legal requirements in the conduct of protected action ballots to ensure that employees are properly informed and have the opportunity to participate in the decision-making process.

Construction, Forestry, Mining and Energy Union v Crown Melbourne Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established