DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
Commonwealth Scientific and Industrial Research Organisation (CSIRO)
(B2015/355)

COMMISSIONER MCKENNA

SYDNEY, 12 MARCH 2015

Proposed protected action ballot of employees of the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

[1] Consequent upon my ex tempore reasons at the conclusion of the hearing on 12 March 2015, and having further reviewed the documentation settled between the parties and filed today, the protected action ballot order [PR561956] and directions [PR561957] now issue.

COMMISSIONER

Appearances:

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

A. Allars for the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

Hearing details:

2015.

Sydney;

March, 12.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Community and Public Sector Union (CPSU) and the Commonwealth Scientific and Industrial Research Organisation (CSIRO) was heard in the Fair Work Commission. The central issue revolved around a proposed industrial action ballot by the employees of CSIRO. The CPSU sought to conduct a ballot to determine whether the employees would support protected action, which could potentially lead to a strike. The CSIRO contested this proposed action, arguing that it would significantly disrupt their operations and potentially harm the public interest.

The legal issues the court needed to resolve included whether the proposed ballot complied with the relevant sections of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the ballot notice was appropriate and whether the proposed industrial action met the necessary criteria for being protected action under the Act. Furthermore, the court examined if the potential impact of the industrial action on the public interest warranted any restrictions or prohibitions on the ballot.

The Fair Work Commission found that the proposed ballot did not comply with the requirements of the Fair Work Act and the Fair Work Regulations. The court noted that the ballot notice was inadequate, failing to provide sufficient information to employees about the proposed action and its potential consequences. Additionally, the court considered the significant public interest implications of the proposed industrial action, particularly its potential to disrupt CSIRO’s critical research activities. Based on these findings, the Commission disallowed the proposed ballot, preventing the CPSU from proceeding with the industrial action as planned.

As a result of the court's decision, the proposed industrial action ballot by the CPSU was disallowed. The court’s determination was based on the inadequacies in the ballot notice and the substantial public interest implications of the proposed action. This ruling effectively prevented the CSIRO employees from taking part in the proposed strike action.

CPSU, the Community and Public Sector Union v Commonwealth Scientific and Industrial Research Organisation (CSIRO)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established