CPSU, the Community and Public Sector Union v Commonwealth Government Australian Customs and Border Protection Service

The Community and Public Sector Union (CPSU) sought an injunction to prevent the Commonwealth Government Australian Customs and Border Protection Service from proceeding with a proposed protected action ballot by employees. The union argued that the ballot, which was intended to allow employees to vote on protected industrial action, was unlawful as it did not comply with certain statutory requirements. The Federal Court of Australia was tasked with determining the validity of the ballot.

The central legal issue before the court was whether the proposed ballot complied with the relevant legislative provisions. Specifically, the court needed to ascertain if the ballot complied with section 103 of the Public Sector Management Act 1994 (Cth), which sets out the requirements for a protected action ballot. The court also had to consider if the ballot complied with the applicable industrial relations laws, including the Fair Work Act 2009 (Cth).

The court found that the proposed ballot did not comply with the statutory requirements, primarily because it did not include all the necessary information that employees needed to make an informed decision. The court emphasised the importance of providing employees with clear and comprehensive information about the potential consequences of protected industrial action. Consequently, the court granted the injunction sought by the CPSU, preventing the Commonwealth from proceeding with the ballot. The court ordered that the Commonwealth must revise the ballot to include all required information before proceeding with the vote.