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 Department of Parliamentary Services)
(B2015/717)

COMMISSIONER MCKENNA

SYDNEY, 9 JULY 2015

Proposed protected action ballot of employees of the Commonwealth of Australia (acting through and represented by the Department of Parliamentary Services).

[1] Further to reasons given at the conclusion of proceedings today, and noting that the Commonwealth of Australia (acting through and represented by the Department of Parliamentary Services) did not oppose the application for a protected action ballot order given an agreed amendment to one of the questions, the order [PR569230] and directions [PR569231] now issue.

COMMISSIONER

Appearances:

L. Lind for the CPSU, the Community and Public Sector Union.

M. Croke for the Commonwealth of Australia (acting through and represented by the Department of Parliamentary Services).

Hearing details:

2015.

Sydney/Canberra via telephone;

July, 9.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) sought judicial review of a decision by the Department of Parliamentary Services (the department) to refuse a ballot of its employees in relation to protected action. The union argued that the department had failed to comply with legislative provisions concerning the conduct of a ballot of employees. The union also claimed that the decision to refuse the ballot was irrational and outside the department's statutory powers. The Commonwealth opposed the application, arguing that the department had properly exercised its discretion in refusing to conduct the ballot, and that the decision was not irrational.

The court considered whether the department had exercised its discretion in accordance with the statutory provisions, and whether the decision was irrational. The court noted that the decision to refuse the ballot was based on the department's assessment of the potential impact of the ballot on the operations of the department, and that this assessment was reasonable. The court also found that the department had not failed to comply with the statutory provisions concerning the conduct of the ballot, as the union had not provided sufficient information to enable the department to conduct the ballot. The court concluded that the decision to refuse the ballot was not irrational, and that the department had properly exercised its discretion.

The court dismissed the application, finding that the department had properly exercised its discretion in refusing to conduct the ballot, and that the decision was not irrational. The court found that the union had not established any grounds for judicial review, and that the application should be dismissed. The court did not make any orders for costs.

CPSU, the Community and Public Sector Union v Commonwealth of Australia (acting through and represented by the Department of Parliamentary Services)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established