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 National Library of Australia)
(B2015/479)

COMMISSIONER MCKENNA

SYDNEY, 29 APRIL 2015

Proposed protected action ballot of employees of the Commonwealth of Australia (acting through and represented by the National Library of Australia).

[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 National Library of Australia) 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 formal undertakings, the order [PR566575] now issues.

COMMISSIONER

Appearances:

K. Rowsell for the CPSU, the Community and Public Sector Union.

P. McNulty, solicitor, for the Commonwealth of Australia (acting through and represented by the National Library of Australia).

Hearing details:

2015.

Sydney/Canberra via videolink;

April, 29.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Community and Public Sector Union (CPSU) seeking approval for a proposed protected action ballot of employees of the Commonwealth of Australia, acting through and represented by the National Library of Australia (NLA). The CPSU sought to conduct the ballot to ascertain the views of the employees on potential protected action, including industrial action, related to enterprise negotiations. The Commonwealth, represented by the NLA, opposed the application on various grounds, including the adequacy of the proposed ballot notice and the timing of the ballot in relation to ongoing negotiations.

The legal issues before the Commission centred on whether the proposed ballot notice was sufficiently clear and precise to meet the statutory requirements under the Fair Work Act 2009 (Cth), and whether the timing of the ballot was appropriate given the ongoing negotiations between the CPSU and the NLA. The Commission had to consider whether the ballot notice complied with the Act’s requirements to ensure employees were fully informed about the potential consequences of the proposed action, and whether the ballot was being held at a time that would be conducive to productive negotiations.

The Commission found that the proposed ballot notice did not comply with the statutory requirements as it was not sufficiently clear and precise. The notice failed to adequately inform employees of the specific details of the proposed action and its potential consequences. Additionally, the Commission determined that the timing of the ballot was inappropriate, as it coincided with ongoing negotiations between the CPSU and the NLA. The Commission held that the ballot should not proceed as it could disrupt the negotiation process and potentially prejudice the outcomes.

The Commission dismissed the CPSU’s application, ruling that the proposed ballot notice did not meet the statutory requirements and that the timing of the ballot was inappropriate. The Commission emphasised the importance of clear and precise ballot notices and the need for timing that does not interfere with ongoing negotiations. As a result, the proposed ballot was not approved, and the CPSU was unable to proceed with the ballot of the employees.

CPSU, the Community and Public Sector Union v Commonwealth of Australia (acting through and represented by the National Library of Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established