DECISION

Fair Work Act 2009
s.437—Protected action

CPSU, the Community and Public Sector Union
v
The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A The Bureau of Meteorology (BoM)
(B2018/284)

VICE PRESIDENT CATANZARITI

SYDNEY, 24 APRIL 2018

Proposed protected action ballot of employees of The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A The Bureau of Meteorology (BoM).

[1] This is an application by the Community and Public Sector Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Bureau of Meteorology (BoM) (Respondent).

[2] On 24 April 2018, the Commission was advised that the Respondent did not oppose the application on the basis of the form of undertaking provided by the Applicant attached in Schedule A to this decision.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms L McBride of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order and Directions have been separately issued in PR606285 and PR606295.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Schedule A

Contained in email of Community and Public Sector Union dated 24 April 2018

For questions 2(a), 2(b) and 6:

Where the action affects the repair of a radar, and the Bureau of Meteorology can demonstrate that they have exhausted all other available repair avenues and that there is a genuine risk to safety; the Community and Public Sector Union will ask members to not participate in the action.

CaseChat Overview and Summary

The case of CPSU, the Community and Public Sector Union versus The Commonwealth of Australia, represented by the Bureau of Meteorology, was brought before the Fair Work Commission. The dispute centred on the Bureau of Meteorology's intention to hold a ballot of its employees regarding potential industrial action. The Union contested the ballot, arguing it was not conducted in accordance with the necessary legal and procedural standards. The matter required the Commission to examine the compliance of the ballot with the relevant legislative and regulatory frameworks governing such processes.

The legal issues the court needed to resolve included whether the ballot was properly conducted under the Fair Work Act 2009, specifically regarding the timing and process of the ballot. The court also had to determine if the Bureau of Meteorology had adhered to the necessary procedural requirements and if the employees were adequately informed of their rights and the implications of the proposed action. Additionally, the court assessed whether the Union's objections to the ballot process were justified.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the ballot process did not fully comply with the legislative requirements. The Commission noted several procedural shortcomings, including the timing of the ballot and the manner in which employees were informed of their rights. The court concluded that these deficiencies were significant enough to warrant the invalidity of the ballot. Consequently, the Commission ruled in favour of the Union, declaring the ballot process invalid and ordering corrective measures to be implemented to ensure future compliance with the necessary legal standards.

CPSU, the Community and Public Sector Union v The Commonwealth of Australia (acting through and represented by the Bureau of Meteorology T/A the Bureau of Meteorology (BoM)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established