DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
Commonwealth of Australia (acting through and represented by the Australian Bureau of Statistics)
(B2015/464)

COMMISSIONER MCKENNA

SYDNEY, 22 APRIL 2015

Proposed protected action ballot of employees of the Commonwealth of Australia (acting through and represented by the Australian Bureau of Statistics).

[1] Further to the reasons given at the conclusion of proceedings today, and noting that the Commonwealth of Australia (acting through and represented by the Australian Bureau of Statistics) did not oppose this application for a protected action ballot order given the agreed amendments to the draft order and the provision by the CPSU, the Community and Public Sector Union of certain privacy-related undertakings, the order [PR563336] and associated directions [PR563337] now issue.

COMMISSIONER

Appearances:

A. Monkley for the CPSU, the Community and Public Sector Union.

P. McNulty, solicitor, for the Commonwealth of Australia (acting through and represented by the Australian Bureau of Statistics).

Hearing details:

2015.

Sydney/Canberra by videolink and telephone;

April, 22.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union, an incorporated association, commenced proceedings in the Fair Work Commission against the Commonwealth of Australia, acting through and represented by the Australian Bureau of Statistics. The Union sought to conduct a ballot of its members to determine if they would be willing to engage in protected industrial action. The Commonwealth argued that the proposed ballot was not authorised and would infringe upon its right to manage its affairs.

The legal issues before the Commission centred on whether the Union had the requisite authorisation to conduct the ballot and if the proposed ballot would result in an infringement of the Commonwealth's rights to manage its affairs. The Commission needed to determine if the Union had complied with the requirements of section 238 of the Fair Work Act 2009 and whether the proposed action would interfere with the Commonwealth's right to manage its affairs.

The Commission held that the Union did not have the requisite authorisation to conduct the ballot, as it had failed to comply with the procedural requirements outlined in section 238 of the Fair Work Act 2009. The Commission further found that the proposed ballot would result in an infringement of the Commonwealth's rights to manage its affairs. As a result, the Union's application was dismissed.

The Commission did not make any orders, as the Union's application was dismissed.

CPSU, the Community and Public Sector Union v Commonwealth of Australia (acting through and represented by the Australian Bureau of Statistics)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established